BILL ANALYSIS
S.B. 240
By: Nelson (Denny)
C.S.S.B. 240
By: Goodman
4-11-95
Committee Report (Substituted)
BACKGROUND
There is a perceived local need for a statutory county court
in Denton County. Due to the increasing number of court cases each
year, Denton County has had to modify the jurisdiction and
structure of its courts to accommodate the crowded dockets. In
1991, the constitutional county court was dispossessed of all
judicial authority and jurisdiction and all its pending cases were
transferred to the three statutory county courts. In 1993,
legislation was passed to reestablish the jurisdiction of the
statutory courts initially provided for in the 1991 legislation.
There are currently 185 statutory county courts in Texas.
These courts were designed to alleviate the county judge of
judicial responsibilities and to ease the docket load of district
courts. These courts exist in 74, mostly urban, counties and are
funded almost entirely by the counties authorized by the
Legislature to establish such courts. Under House Bill 66 (72nd
Legislature), counties with minimum jurisdictional, judicial
qualifications and standards, and pay requirements may authorize an
additional state filing fee entitling the county to $25,000 per
court from state revenue.
The table below compares the populations, ethnic composition,
and current number of statutory county court judges for all the
counties which have requested new statutory county courts. Because
of multiple variances in jurisdiction, valid comparisons of docket
filings, management and caseload growth between the statutory
county courts of different counties cannot be made.
County
1990
Pop.
%
Black
%
Hispanic
Current
no.
of judges
Cameron
260,120
0.3%
81.9%
2
Collin
264,036
4.1%
6.9%
3
Denton
273,525
5.0%
7.0%
3
Matagorda
36,928
13.8%
24.6%
0
Countywide, multimember at-large elections in urban areas exist now only in the context of
judicial elections. Such election systems have been traditionally employed in order to dilute minority
voting strength and to deny racial minorities the ability to elect candidates of their choice. Texas is
currently defending a number of suits challenging countywide, multimember, at-large elections for
judicial candidates in urban areas.
Because of its rich history of racial discrimination and voter intimidation, Texas is subject
to Section 5 of federal Voting Rights Act, which requires Texas to preclear changes in it elections
system to ensure that racial minority voting strength is not diluted. The U.S. Justice Department has
refused to preclear any new multimember, urban district or county courts in Texas since 1989.
It is the opinion of this committee that this bill does not violate the federal Voting Rights Act.
PURPOSE
As proposed, CSSB 240 creates an additional statutory county court in Denton County and
modifies other county courts to assume case overload.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking
authority to a state officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 25.0631, Government Code, to
(1) create Denton County Criminal Court No. 1,
(2) redesignate County Court at Law No. 2 as County Criminal Court No. 2,
(3) redesignate County Court at Law No. 3 as the Probate Court of Denton County, and
(4) modify where the court may conduct proceedings.
SECTION 2. Amends Section 25.0632, Government Code, as follows:
Subsec. (a) is amended to require a judge of a statutory county court (county court)
or statutory probate court (probate court) in Denton County to meet the qualifications of
office for a district judge provided Section 7, Article V, Texas Constitution, in addition to
meeting the qualifications of office in Section 25.0014.
Existing Subsec. (b), relating to the parameters of jurisdiction, is deleted.
Existing Subsection (c) is relettered and amended to make conforming changes.
Subsec. (d) is redesignated as Subsec. (c) and amended to require the judge of each
county court and probate court to be paid annual compensation equal to that of a district
judge in the county. Provides that a county court or probate court under Sections 53.0005
and 25.0015 has jurisdiction equivalent to the jurisdiction provided by Section 25.0003 for
county courts. Requires the salary of a county court judge or probate judge to be paid in
equal installments at least monthly.
Subsection (e) is rdesignated as Subsec. (d) and amended to allow the
commissioners court to employ additional personnel for the county and probate courts upon
proper request by the department official in charge and as deemed necessary by the
commissioners court.
New Subsec. (e) requires an appointed court officer to be sworn by oath by a county
or probate court judge. Requires the judge to modify the oath to apply to the particular
officer and duties or to conform to any statutory oath required for the particular position.
New Subsec. (f) allows a court reporter of a county or probate court to be paid
annual compensation equal to that of court reporters serving the district courts of Denton
County and any longevity pay entitled under county compensation programs.
Current Subsec. (f) is redesignated as Subsec. (g) and amended to require jurors
regularly impaneled by the district courts of Denton County to include sufficient numbers to
serve in the county courts, probate courts, and district courts. Requires jurors to be made
available by the district judge as necessary. Sets forth the composition of the jury in a county
or probate court in Denton County.
Subsec. (h) is amended to authorize judges of the county courts to exchange
benches and serve for each other provided by Section 74.121, regardless of the jurisdiction
of the type of cases handled by the court to which the judge is assigned or is serving.
Language allowing the judge of County Court at Law No. 3 to accept transfers of certain
probate actions is deleted.
New Subsec. (i) requires a judge of a statutory probate court be subject to
assignment as provided by Section 25.0022.
SECTION 3. Amends Chapter 25(c), Government Code, by adding Section 25.0633,
25.0634, and 25.0635, as follows:
Sec. 25.0633. DENTON COUNTY COURT AT LAW PROVISIONS.
Subsec. (a) requires the County Court at Law No. 1 of Denton County to give
preference to juvenile matters and the ancillary and pendent jurisdiction necessary to enforce
court orders.
Subsec. (b) provides that the County Court at Law No. 1 of Denton County has
exclusive jurisdiction over Class C misdemeanor appeals from inferior courts in Denton
County unless specified otherwise.
Subsec. (c) denies the County Court at Law No. 1 jurisdiction over civil, civil
appellate, probate, mental health matters, or over family law cases other than juvenile
proceedings.
Subsec. (d) requires the County Court at Law No. 1, upon designation by the
juvenile board as the juvenile court of the county, to give first preference to juvenile matters.
The criminal district attorney of Denton County is designated the official to receive all felony
grade referrals regarding juveniles. Requires the court to give first preference to criminal
appeals cases and second preference to misdemeanor criminal matters if not designated as
the juvenile court.
Sec. 25.0634 DENTON COUNTY CRIMINAL COURT PROVISIONS.
Subsec. (a) grants concurrent felony jurisdiction with the district court over matters
involving intoxication offenses under Chapter 49, Penal Code, to the county criminal courts
of Denton County. Provides that jurisdiction provided by this subsection shall be exercised
on assignment by a district judge, the local administrative district judge or the regional
presiding judge.
Subsec. (b) denies a county criminal court jurisdiction over civil, civil appellate,
probate, or mental health matters.
Subsec. (c) denies a county criminal court jurisdiction over Class C misdemeanor
appeal cases.
Subsec. (d) prohibits a judge of a county criminal court in Denton County from
serving as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock,
Midland, Tarrant or Travis County.
Sec. 25.0635. DENTON COUNTY STATUTORY PROBATE COURT
PROVISIONS.
Subsec. (a) provides that a probate court has the jurisdiction provided by law for a
county court with exceptions. Denies a probate court criminal jurisdiction other than the
contempt powers provided by general law.
Subsec. (b) provides that a statutory probate court has the civil jurisdiction provided
by Section 25.0003 for statutory county courts.
Subsec. (c) provides that a statutory probate court has the jurisdiction provided by
general law for county courts or statutory county courts over civil penalties, forfeitures,
including surety bond forfeitures, and escheats regardless of the amount in controversy or
remedy sought.
Subsec. (d) provides that a statutory probate court has jurisdiction, regardless of the
amount in controversy or remedy sought, over eminent domain cases as provided by Section
21.001, Property Code, for statutory county; direct and inverse condemnation cases;
adjudication and determination of land titles whether or not ancillary to eminent domain
proceedings; partition cases; suits to quiet title; trespass to try title; lien foreclosures;
adjudication of all freehold and leasehold interests, easements, licenses, and boundaries of
real property; with all ancillary or pendent jurisdiction necessary for adjudication of an
eminent domain case as provided by Sections 21.002 and 21.003, Property Code.
SECTION 4. Provides that this Act does not affect the term of office of the judge of a court
renamed by this Act. Provides that all writs and processes returnable to a court renamed by this Act
are subject to the jurisdiction of the renamed court.
SECTION 5. Provides that the judge initially appointed to the County Criminal Court No.
1 of Denton County created by this Act serves until a successor is elected.
SECTION 6. Provides that the County Criminal Court No. 1 of Denton County is created
August 1, 1995.
SECTION 7. Emergency clause. Effective date.
COMPARISON OF SUBSTITUTE TO ORIGINAL
Sections 1 and 2 in both versions are the same.
In Section 3 of the substitute, new Government Code Section 25.0633(d) adds a provision
that the criminal district attorney of Denton County is the designated official to receive all felony
grade referrals regarding juveniles; this provision was not in the original. New Subsection
25.0634(d) prohibits the judge of the court created by this bill from serving as an assigned (visiting)
judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant or Travis
County; this subsection was not in the original bill.
Sections 4 through 7 are the same in both versions.
SUMMARY OF COMMITTEE ACTION
Pursuant to a public notice posted on February 15, 1995, the Committee on Judicial Affairs
met in a public hearing on February 21, 1995. The Chair referred S.B. 240 directly to the
Subcommittee on Judicial Reform. The members of the subcommittee were Reps. Alonzo (Chair),
Duncan, Solis, Thompson and Willis.
Pursuant to a public notice posted on March 23, 1995, the Subcommittee on Judicial Reform
met in a public hearing on March 28, 1995, to consider S.B. 240. The Chair, Rep. Alonzo, laid out
S.B. 240. Without objection, the Chair offered up and laid out a complete committee substitute for
S.B. 240 and recognized the House sponsor, Rep. Denny, to explain the substitute. Judge Don
Windle, County Court at Law No. 3 of Denton County, representing himself and Judges Virgil
Vahlenkamp and Darlene Whitten, testified for the bill. Without objection, the Chair moved to
withdraw the substitute. The Chair moved to leave S.B. 240 pending before the subcommittee; there
were no objections.
Pursuant to a public notice posted on April 6, 1995, the Committee on Judicial Affairs met
in a public hearing on April 11, 1995, to consider S.B. 240. Without objection, the Chair, Rep.
Hartnett, recalled S.B. 240 from subcommittee. The Chair laid out S.B. 240 and recognized George
Korbel, representing himself, to testify neutrally on S.B. 240. Judge Don Windle, County Court at
Law #3, Denton County, representing the Texas Association of County Courts-at-Law, testified for
S.B. 240. There were no further witnesses. Rep. Goodman offered a complete committee substitute
to S.B. 240. There being no objection, the Chair laid out C.S.S.B. 240 and recognized Rep.
Goodman to explain. Rep. Goodman offered a committee amendment to C.S.S.B. 240. There being
no objection, the Chair laid out committee amendment #1 and recognized Rep. Goodman to explain.
Rep. Goodman moved adoption of the committee amendment. There were no objections. Rep.
Goodman moved that C.S.S.B. 240, as amended, be adopted. There were no objections. The Chair
directed the committee staff to draft a new committee substitute to S.B. 240 incorporating the
adopted amendment. There were no objections. Rep. Goodman moved that S.B. 240, as substituted,
be reported favorably back to the full House with the recommendation that it do pass, be printed and
sent to the Local & Consent Calendars Committee. The motion prevailed by the following record
vote: 7 ayes, 0 nays, 0 PNV and 2 absent.