1-1 By: Nelson S.B. No. 1328
1-2 (In the Senate - Filed March 30, 1993; March 31, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 13, 1993, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 13, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to jurisdiction, operation, and administration of certain
1-18 county courts in Denton County.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 25.0632, Government Code, is amended by
1-21 adding Subsections (b) and (h) to read as follows:
1-22 (b) In addition to the jurisdiction provided by Section
1-23 25.0003 and other law, the County Court at Law No. 3 of Denton
1-24 County has:
1-25 (1) the general jurisdiction provided by Section
1-26 25.0021 for a statutory probate court;
1-27 (2) concurrent jurisdiction with the district court in
1-28 disputes ancillary to probate, eminent domain, condemnation, or
1-29 landlord and tenant matters relating to the adjudication and
1-30 determination of land titles and trusts, whether testamentary,
1-31 inter vivos, constructive, resulting, or any other class or type of
1-32 trust, regardless of the amount in controversy or the remedy
1-33 sought;
1-34 (3) concurrent jurisdiction with the district court of
1-35 civil forfeitures, including surety bond forfeitures without
1-36 minimum or maximum limitation as to the amount in controversy or
1-37 remedy sought;
1-38 (4) jurisdiction in mental health matters, original or
1-39 appellate, provided by law for constitutional county courts,
1-40 statutory county courts, statutory probate courts, or district
1-41 courts with mental health jurisdiction, including proceedings
1-42 under:
1-43 (A) Subtitle C, Title 7, Health and Safety Code;
1-44 (B) Chapter 462, Health and Safety Code; and
1-45 (C) Subtitle D, Title 7, Health and Safety Code;
1-46 (5) jurisdiction over the collection and management of
1-47 estates of minors, mentally disabled persons, and deceased persons;
1-48 (6) concurrent jurisdiction with the district court in
1-49 all actions by or against a personal representative, in all actions
1-50 involving an inter vivos trust, in all actions involving a
1-51 charitable trust, and in all actions involving a testamentary
1-52 trust, whether the matter is appertaining to or incident to an
1-53 estate; and
1-54 (7) the pendent and ancillary jurisdiction necessary
1-55 to promote judicial efficiency and economy.
1-56 (h) The judge of the County Court at Law No. 3 of Denton
1-57 County on the motion of a party to an action or on the motion of a
1-58 person interested in an estate may transfer to the court from a
1-59 district, county, or statutory court a cause of action relating to
1-60 the adjudication and determination of a land title which is
1-61 appertaining to or incident to an estate pending in the County
1-62 Court at Law No. 3 of Denton County or in which a personal
1-63 representative of an estate pending in the County Court at Law No.
1-64 3 of Denton County is a party and may consolidate the transferred
1-65 cause of action with the other proceedings in the County Court at
1-66 Law No. 3 of Denton County relating to that estate. The judge may
1-67 transfer a cause of action under this subsection only with the
1-68 consent of the judge of the court from which the cause of action is
2-1 transferred.
2-2 SECTION 2. Subsection (g), Section 25.0632, Government Code,
2-3 is repealed.
2-4 SECTION 3. All actions taken and orders entered by a judge
2-5 of a court of record in Denton County in any probate matter in
2-6 Denton County from October 1, 1991, through March 15, 1992, are
2-7 ratified and the judge is deemed to have been duly assigned to the
2-8 appropriate court of competent jurisdiction over probate and mental
2-9 health matters.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.
2-17 * * * * *
2-18 Austin,
2-19 Texas
2-20 April 13, 1993
2-21 Hon. Bob Bullock
2-22 President of the Senate
2-23 Sir:
2-24 We, your Committee on Jurisprudence to which was referred S.B.
2-25 No. 1328, have had the same under consideration, and I am
2-26 instructed to report it back to the Senate with the recommendation
2-27 that it do pass and be printed.
2-28 Henderson,
2-29 Chairman
2-30 * * * * *
2-31 WITNESSES
2-32 FOR AGAINST ON
2-33 ___________________________________________________________________
2-34 Name: Don Windle x
2-35 Representing: County Crt at Law Denton Cty
2-36 City: Denton
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