By Denny, Horn, Solomons, et al. H.B. No. 605
74R3822 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the statutory county courts and statutory probate court
1-3 in Denton County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.0631, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 25.0631. Denton County. (a) Denton County has the
1-8 following statutory county courts:
1-9 (1) County Court at Law No. 1 of Denton County;
1-10 (2) County Criminal Court No. 1 of Denton County; and
1-11 (3) County Criminal Court <at Law> No. 2 of Denton
1-12 County.
1-13 (b) Denton County has one statutory probate court, the
1-14 Probate <; and>
1-15 <(3) County> Court <at Law No. 3> of Denton County.
1-16 (c) <(b)> The statutory county courts <at law> of Denton
1-17 County sit in the county seat or at another location in the county
1-18 as assigned by the local administrative statutory county court
1-19 judge. The statutory probate court of Denton County sits in the
1-20 county seat and may conduct docket matters at other locations in
1-21 the county as the judge considers necessary for the protection of
1-22 wards or mental health respondents.
1-23 SECTION 2. Section 25.0632, Government Code, is amended to
1-24 read as follows:
2-1 Sec. 25.0632. DENTON COUNTY STATUTORY COURT AND STATUTORY
2-2 PROBATE COURT <AT LAW> PROVISIONS. (a) In addition to meeting the
2-3 qualifications of office in Section 25.0014, the judge of a
2-4 statutory county court or statutory probate court in Denton County
2-5 must meet the qualifications of office for a district judge
2-6 provided by Section 7, Article V, Texas Constitution. <In addition
2-7 to the jurisdiction provided by Section 25.0003 and other law, a
2-8 county court at law in Denton County has concurrent jurisdiction
2-9 with the district court in proceedings under Title 3, Family Code.>
2-10 (b) <In addition to the jurisdiction provided by Section
2-11 25.0003 and other law, the County Court at Law No. 3 of Denton
2-12 County has:>
2-13 <(1) the general jurisdiction provided by Section
2-14 25.0021 for a statutory probate court;>
2-15 <(2) concurrent jurisdiction with the district court
2-16 in disputes ancillary to probate, eminent domain, condemnation, or
2-17 landlord and tenant matters relating to the adjudication and
2-18 determination of land titles and trusts, whether testamentary,
2-19 inter vivos, constructive, resulting, or any other class or type of
2-20 trust, regardless of the amount in controversy or the remedy
2-21 sought;>
2-22 <(3) concurrent jurisdiction with the district court
2-23 of civil forfeitures, including surety bond forfeitures without
2-24 minimum or maximum limitation as to the amount in controversy or
2-25 remedy sought;>
2-26 <(4) jurisdiction in mental health matters, original
2-27 or appellate, provided by law for constitutional county courts,
3-1 statutory county courts, statutory probate courts, or district
3-2 courts with mental health jurisdiction, including proceedings
3-3 under:>
3-4 <(A) Subtitle C, Title 7, Health and Safety
3-5 Code;>
3-6 <(B) Chapter 462, Health and Safety Code; and>
3-7 <(C) Subtitle D, Title 7, Health and Safety
3-8 Code;>
3-9 <(5) jurisdiction over the collection and management
3-10 of estates of minors, mentally disabled persons, and deceased
3-11 persons;>
3-12 <(6) concurrent jurisdiction with the district court
3-13 in all actions by or against a personal representative, in all
3-14 actions involving an inter vivos trust, in all actions involving a
3-15 charitable trust, and in all actions involving a testamentary
3-16 trust, whether the matter is appertaining to or incident to an
3-17 estate; and>
3-18 <(7) the pendent and ancillary jurisdiction necessary
3-19 to promote judicial efficiency and economy.>
3-20 <(c)> The regular judge of a statutory county court or a
3-21 statutory probate court <at law> may not engage in the private
3-22 practice of law.
3-23 (c) <(d)> The judge of each statutory county court and
3-24 statutory probate court <at law> shall be paid <an> annual
3-25 compensation equal to the annual compensation, including all
3-26 supplements, paid from any public source to <salary of at least
3-27 $41,285 but not more than 95 percent of the salary, including
4-1 supplements, paid> a district judge in the county. For purposes of
4-2 Sections 25.0005 and 25.0015, a statutory county court or a
4-3 statutory probate court in Denton County has jurisdiction at least
4-4 equivalent to the jurisdiction provided by Section 25.0003 for
4-5 statutory county courts. The salary of a statutory county court
4-6 judge or a statutory probate court judge shall be paid in equal
4-7 installments at least monthly. <The salary of a county court at
4-8 law judge shall be paid in the same manner and from the same fund
4-9 as the salary of the county judge.>
4-10 (d) <(e)> The commissioners court, on proper request by the
4-11 appropriate official in charge of a department, shall <may> employ
4-12 as many additional assistant criminal district attorneys, deputy
4-13 sheriffs, and deputy clerks as are shown to the commissioners
4-14 court's satisfaction to be necessary to serve the statutory county
4-15 courts and the statutory probate courts <at law>.
4-16 (e) A court officer appointed by the judge of a statutory
4-17 county court or statutory probate court shall be sworn by the judge
4-18 by an oath in the general form provided by law for appointed
4-19 officials. The judge shall modify the oath to apply to the
4-20 particular officer and duties or to conform to any statutory oath
4-21 required for the particular position.
4-22 (f) An official court reporter of a statutory county court
4-23 or a statutory probate court shall be paid:
4-24 (1) annual compensation equal to the annual
4-25 compensation paid the official court reporters serving the district
4-26 courts in Denton County; and
4-27 (2) any longevity pay to which the reporter is
5-1 entitled under county compensation programs.
5-2 (g) <(f)> Jurors regularly impaneled for the week by the
5-3 district courts of Denton County must include sufficient numbers to
5-4 serve in the statutory county courts and statutory probate courts
5-5 as well as the district courts. The jurors shall <may, at the
5-6 request of the judge of a county court at law,> be made available
5-7 by the district judge as necessary <in the numbers requested and
5-8 shall serve for the week in a county court at law, the county
5-9 court, or the district courts of Denton County>. The jury in a
5-10 statutory county court or statutory probate court in all civil or
5-11 criminal matters is composed of 12 members, except that in
5-12 misdemeanor criminal cases and any other case in which the court
5-13 has jurisdiction that under general law would be concurrent with
5-14 the county court, the jury is composed of six members.
5-15 (h) The judges of the statutory county courts and statutory
5-16 probate courts may exchange benches and serve for each other in the
5-17 manner provided by Section 74.121 and are subject to assignment as
5-18 provided by Section 74.092, except that it is not necessary that a
5-19 judge's own court have jurisdiction of the type of cases handled by
5-20 the court to which the judge is assigned or for which the judge is
5-21 serving. <The judge of the County Court at Law No. 3 of Denton
5-22 County on the motion of a party to an action or on the motion of a
5-23 person interested in an estate may transfer to the court from a
5-24 district, county, or statutory court a cause of action relating to
5-25 the adjudication and determination of a land title which is
5-26 appertaining to or incident to an estate pending in the County
5-27 Court at Law No. 3 of Denton County or in which a personal
6-1 representative of an estate pending in the County Court at Law No.
6-2 3 of Denton County is a party and may consolidate the transferred
6-3 cause of action with the other proceedings in the County Court at
6-4 Law No. 3 of Denton County relating to that estate. The judge may
6-5 transfer a cause of action under this subsection only with the
6-6 consent of the judge of the court from which the cause of action is
6-7 transferred.>
6-8 SECTION 3. Subchapter C, Chapter 25, Government Code, is
6-9 amended by adding Sections 25.0633, 25.0634, and 25.0635 to read as
6-10 follows:
6-11 Sec. 25.0633. DENTON COUNTY COURT AT LAW PROVISIONS. (a)
6-12 The County Court at Law No. 1 of Denton County shall give
6-13 preference to juvenile matters under Chapter 25 and Title 3, Family
6-14 Code, and the ancillary and pendent jurisdiction necessary to
6-15 enforce orders of the court in juvenile matters.
6-16 (b) The County Court at Law No. 1 of Denton County has
6-17 exclusive jurisdiction in Denton County over Class C misdemeanor
6-18 appeals from inferior courts in Denton County unless applicable law
6-19 vests that jurisdiction in another county.
6-20 (c) Notwithstanding Section 25.0003, the County Court at Law
6-21 No. 1 of Denton County does not have jurisdiction over civil, civil
6-22 appellate, probate, or mental health matters or over family law
6-23 cases and proceedings other than juvenile proceedings.
6-24 (d) If the juvenile board designates the County Court at Law
6-25 No. 1 of Denton County as the juvenile court of the county, the
6-26 court shall give first preference to juvenile matters and second
6-27 preference to criminal appeals from convictions in justice or
7-1 municipal courts. If the court is not designated as the juvenile
7-2 court, the court shall give first preference to criminal appeals
7-3 cases and second preference to misdemeanor criminal matters.
7-4 Sec. 25.0634. DENTON COUNTY CRIMINAL COURT PROVISIONS. (a)
7-5 In addition to the jurisdiction provided by Section 25.0003 and
7-6 other law, the county criminal courts of Denton County have felony
7-7 jurisdiction concurrent with the district court over matters
7-8 involving intoxication arising by a true bill of indictment by a
7-9 grand jury charging one or more offenses under Chapter 49, Penal
7-10 Code. The jurisdiction provided by this subsection shall be
7-11 exercised on assignment by a district judge, by the local
7-12 administrative district judge, or the regional presiding judge
7-13 after the return of the true bill of indictment.
7-14 (b) A county criminal court has no jurisdiction over civil,
7-15 civil appellate, probate, or mental health matters.
7-16 (c) A county criminal court has no jurisdiction over Class C
7-17 misdemeanor appeal cases.
7-18 Sec. 25.0635. DENTON COUNTY STATUTORY PROBATE COURT
7-19 PROVISIONS. (a) A statutory probate court in Denton County has
7-20 the jurisdiction provided by law for a county court except that the
7-21 court does not have the juvenile jurisdiction, jurisdiction over
7-22 misdemeanors under Section 26.045, habeas corpus jurisdiction, or
7-23 appellate criminal jurisdiction provided by law for county courts.
7-24 A statutory probate court has no criminal jurisdiction other than
7-25 the contempt powers provided by general law for county courts.
7-26 (b) A statutory probate court has concurrent jurisdiction
7-27 with the district court over civil cases other than family law
8-1 cases in which the actual damages, exclusive of interest,
8-2 attorney's fees, punitive or exemplary damages, and costs, claimed
8-3 by the plaintiff on the face of the original petition do not exceed
8-4 $250,000. Any counterclaims, cross-actions, third-party claims,
8-5 declaratory judgments, or interpleaders are not considered in
8-6 determining the actual damages under this subsection.
8-7 (c) A statutory probate court has:
8-8 (1) concurrent jurisdiction with the district court
8-9 over civil penalties, forfeitures, including surety bond
8-10 forfeitures, and escheats without regard to the amount in
8-11 controversy or remedy sought; and
8-12 (2) the jurisdiction over forfeitures provided by
8-13 general law for county courts.
8-14 (d) A statutory probate court has the jurisdiction of, and
8-15 shall give preference to, all mental health matters provided by
8-16 general law for county courts, statutory county courts, statutory
8-17 probate courts, and district courts with mental health
8-18 jurisdiction, including proceedings under:
8-19 (1) Subtitle C, Title 7, Health and Safety Code;
8-20 (2) Chapter 462, Health and Safety Code; and
8-21 (3) Subtitle D, Title 7, Health and Safety Code.
8-22 (e) A statutory probate court has:
8-23 (1) jurisdiction of the collection and management of
8-24 estates of minors, mentally incapacitated persons, and deceased
8-25 persons;
8-26 (2) jurisdiction of actions by or against a personal
8-27 representative, actions involving an inter vivos trust, actions
9-1 involving a charitable trust, actions involving a testamentary
9-2 trust, and actions involving a constructive trust regardless of the
9-3 amount in controversy or remedy sought, whether the matter is
9-4 appertaining to or incident to an estate;
9-5 (3) regardless of the amount in controversy or remedy
9-6 sought, jurisdiction of eminent domain cases as provided by Section
9-7 21.001, Property Code, for statutory county courts; direct and
9-8 inverse condemnation cases; adjudication and determination of land
9-9 titles whether or not ancillary to eminent domain proceedings;
9-10 partition cases; landlord and tenant cases and controversies,
9-11 including forcible entry and detainer jurisdiction; suits to quiet
9-12 title; trespass to try title; lien foreclosures; adjudication of
9-13 freehold and leasehold interests, easements, licenses, and
9-14 boundaries; with all ancillary or pendent matters necessary for
9-15 adjudication of an eminent domain case as provided by Sections
9-16 21.002 and 21.003, Property Code; and
9-17 (4) the pendent and ancillary jurisdiction necessary
9-18 to promote judicial efficiency and economy.
9-19 (f) In cases within the court's probate jurisdiction, the
9-20 judge, on the motion of a party to an action or on the motion of a
9-21 person interested in an estate, may transfer to the court from a
9-22 district, county, or statutory county court a cause of action:
9-23 (1) appertaining to or incident to an estate pending
9-24 in the statutory probate court; or
9-25 (2) in which a personal representative of an estate
9-26 pending in the statutory probate court is a party.
9-27 (g) The judge may consolidate causes of action transferred
10-1 under Subsection (f)(2) with the other proceedings of the statutory
10-2 probate court relating to the estate.
10-3 (h) The judge's transfer authority in Subsection (f) may be
10-4 exercised only in cases transferred under Section 5B, Texas Probate
10-5 Code, or other applicable law relating to statutory probate courts
10-6 and is not a general transfer authority for any other case.
10-7 SECTION 4. (a) This Act does not affect the term of office
10-8 of a judge of a court renamed by this Act. The judge of a court
10-9 renamed by this Act, unless otherwise removed as provided by law,
10-10 continues to serve for the term to which elected.
10-11 (b) All writs and processes returnable to a court renamed by
10-12 this Act are returnable and subject to the jurisdiction of the
10-13 renamed court and may be transferred to another court on order of
10-14 the judge of the renamed court or the local administrative judge
10-15 for statutory county courts if necessary, subject to the changes in
10-16 jurisdiction and docket preferences provided by this Act.
10-17 SECTION 5. The judge initially appointed to the County
10-18 Criminal Court No. 1 of Denton County created by this Act serves
10-19 until a successor is elected and qualified as provided by law
10-20 without regard to whether the office of judge is placed on the
10-21 ballot at the general election following the judge's appointment or
10-22 is delayed because of any federal law or court action.
10-23 SECTION 6. Notwithstanding Section 25.0631(2), Government
10-24 Code, as amended by this Act, the County Criminal Court No. 1 of
10-25 Denton County is created August 1, 1995.
10-26 SECTION 7. The importance of this legislation and the
10-27 crowded condition of the calendars in both houses create an
11-1 emergency and an imperative public necessity that the
11-2 constitutional rule requiring bills to be read on three several
11-3 days in each house be suspended, and this rule is hereby suspended,
11-4 and that this Act take effect and be in force from and after its
11-5 passage, and it is so enacted.