BILL ANALYSIS
S.B. 240
By: Nelson
Jurisprudence
01-24-95
Committee Report (Unamended)
BACKGROUND
Due to the increasing number of court cases each year, Denton
County has had to modify the jurisdiction and structure of the
courts to accommodate the crowded dockets. In 1991, the
constitutional 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.
PURPOSE
As proposed, S.B. 240 creates an additional statutory county court
and modifies other county courts to assume case overload.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 23.0631, Government Code, as follows:
Sec. 25.0631. DENTON COUNTY. Creates Denton County Criminal
Court No. 1, replaces County Court at Law No. 2 with the
County Criminal Court No. 2 and the Probate Court of Denton
County. Sets forth the location for the courts.
SECTION 2. Amends Section 25.0632, Government Code, as follows:
Sec. 25.0632. DENTON COUNTY STATUTORY COURT AND STATUTORY
PROBATE COURT PROVISIONS. (a) Requires 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.
(b) Deletes existing subsection relating to the perimeters
of jurisdiction. Redesignates Subsection (c) and makes
conforming changes.
(c) Requires 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.
(d) Requires 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.
(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.
(f) Requires 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.
(g) Requires 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.
(h) Authorizes judges of the county courts and probate
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.
SECTION 3. Amends Chapter 25(c), Government Code, by adding
Sections 25.0633, 25.0634, and 25.0635, as follows:
Sec. 25.0633. DENTON COUNTY COURT AT LAW PROVISIONS. (a)
Requires the County Court at Law No. 1 of Denton County to
give preference to juvenile matters under Chapter 25, Title 3,
Family Code, and the ancillary and pendent jurisdiction
necessary to enforce court orders.
(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.
(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.
(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.
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. (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 is at
the discretion of the district judge or presiding judge.
(b) Denies a county criminal court jurisdiction over civil,
civil appellate, probate, or mental health matters.
(c) Denies a county criminal court jurisdiction over Class
C misdemeanor appeal cases.
Sec. 25.0635. DENTON COUNTY STATUTORY PROBATE COURT
PROVISIONS. (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.
(b) Grants a probate court concurrent jurisdiction with the
district court over civil cases other than family law cases
in which actual damages are less than $250,000.
(c) Grants a probate court concurrent jurisdiction with the
district court over civil penalties, forfeitures, and
escheats.
(d) Provides that a probate court has jurisdiction of and
shall give preference to all mental health matters provided
by general law.
(e) Provides that a probate court has jurisdiction of the
collection and management of estates, jurisdiction of
actions by or against a personal representative, and
jurisdiction of eminent domain cases. Sets forth specific
types of cases.
(f) Authorizes a judge to transfer cases within the court's
probate jurisdiction to the court from a district, county,
or statutory county court a cause of action.
(g) Authorizes a judge to consolidate causes of action
transferred under Subsection (f) with the other proceedings
of the statutory probate court relating to the estate.
(h) Authorizes the judge's transfer of authority in
Subsection (f) to be exercised only in cases transferred
under Section 5B, Texas Probate Code or other applicable
law.
SECTION 4. Provides that this Act does not affect the term of
office of a 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: upon passage.