By Denny, Solomons                                     H.B. No. 842
       74R4470 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; and
   1-10              (2)  County Criminal Court <at Law> No. 2 of Denton
   1-11  County.
   1-12        (b)  Denton County has one statutory probate court, the
   1-13  Probate <; and>
   1-14              <(3)  County> Court <at Law No. 3> of Denton County.
   1-15        (c) <(b)>  The statutory county courts <at law> of Denton
   1-16  County sit in the county seat or at another location in the county
   1-17  as assigned by the local administrative statutory county court
   1-18  judge.  The statutory probate court of Denton County sits in the
   1-19  county seat and may conduct docket matters at other locations in
   1-20  the county as the judge considers necessary for the protection of
   1-21  wards or mental health respondents.
   1-22        SECTION 2.  Section 25.0632, Government Code, is amended to
   1-23  read as follows:
   1-24        Sec. 25.0632.  DENTON COUNTY STATUTORY COURT AND STATUTORY
    2-1  PROBATE COURT <AT LAW> PROVISIONS.  (a)  In addition to meeting the
    2-2  qualifications of office in Section 25.0014, the judge of a
    2-3  statutory county court or statutory probate court in Denton County
    2-4  must meet the qualifications of office for a district judge
    2-5  provided by Section 7, Article V, Texas Constitution.  <In addition
    2-6  to the jurisdiction provided by Section 25.0003 and other law, a
    2-7  county court at law in Denton County has concurrent jurisdiction
    2-8  with the district court in proceedings under Title 3, Family Code.>
    2-9        (b)  <In addition to the jurisdiction provided by Section
   2-10  25.0003 and other law, the County Court at Law No. 3 of Denton
   2-11  County has:>
   2-12              <(1)  the general jurisdiction provided by Section
   2-13  25.0021 for a statutory probate court;>
   2-14              <(2)  concurrent jurisdiction with the district court
   2-15  in disputes ancillary to probate, eminent domain, condemnation, or
   2-16  landlord and tenant matters relating to the adjudication and
   2-17  determination of land titles and trusts, whether testamentary,
   2-18  inter vivos, constructive, resulting, or any other class or type of
   2-19  trust, regardless of the amount in controversy or the remedy
   2-20  sought;>
   2-21              <(3)  concurrent jurisdiction with the district court
   2-22  of civil forfeitures, including surety bond forfeitures without
   2-23  minimum or maximum limitation as to the amount in controversy or
   2-24  remedy sought;>
   2-25              <(4)  jurisdiction in mental health matters, original
   2-26  or appellate, provided by law for constitutional county courts,
   2-27  statutory county courts, statutory probate courts, or district
    3-1  courts with mental health jurisdiction, including proceedings
    3-2  under:>
    3-3                    <(A)  Subtitle C, Title 7, Health and Safety
    3-4  Code;>
    3-5                    <(B)  Chapter 462, Health and Safety Code; and>
    3-6                    <(C)  Subtitle D, Title 7, Health and Safety
    3-7  Code;>
    3-8              <(5)  jurisdiction over the collection and management
    3-9  of estates of minors, mentally disabled persons, and deceased
   3-10  persons;>
   3-11              <(6)  concurrent jurisdiction with the district court
   3-12  in all actions by or against a personal representative, in all
   3-13  actions involving an inter vivos trust, in all actions involving a
   3-14  charitable trust, and in all actions involving a testamentary
   3-15  trust, whether the matter is appertaining to or incident to an
   3-16  estate; and>
   3-17              <(7)  the pendent and ancillary jurisdiction necessary
   3-18  to promote judicial efficiency and economy.>
   3-19        <(c)>  The regular judge of a statutory county court or a
   3-20  statutory probate court <at law> may not engage in the private
   3-21  practice of law.
   3-22        (c) <(d)>  The judge of each statutory county court and
   3-23  statutory probate court <at law> shall be paid <an> annual
   3-24  compensation equal to the annual compensation, including all
   3-25  supplements, paid from any public source to <salary of at least
   3-26  $41,285 but not more than 95 percent of the salary, including
   3-27  supplements, paid> a district judge in the county.  For purposes of
    4-1  Sections 25.0005 and 25.0015, a statutory county court or a
    4-2  statutory probate court in Denton County has jurisdiction at least
    4-3  equivalent to the jurisdiction provided by Section 25.0003 for
    4-4  statutory county courts.  The salary of a statutory county court
    4-5  judge or a statutory probate court judge shall be paid in equal
    4-6  installments at least monthly.  <The salary of a county court at
    4-7  law judge shall be paid in the same manner and from the same fund
    4-8  as the salary of the county judge.>
    4-9        (d) <(e)>  The commissioners court, on proper request by the
   4-10  appropriate official in charge of a department, shall <may> employ
   4-11  as many additional assistant criminal district attorneys, deputy
   4-12  sheriffs, and deputy clerks as are shown to the commissioners
   4-13  court's satisfaction to be  necessary to serve the statutory county
   4-14  courts and the statutory probate courts <at law>.
   4-15        (e)  A court officer appointed by the judge of a statutory
   4-16  county court or statutory probate court shall be sworn by the judge
   4-17  by an oath in the general form provided by law for appointed
   4-18  officials.  The judge shall modify the oath to apply to the
   4-19  particular officer and duties or to conform to any statutory oath
   4-20  required for the particular position.
   4-21        (f)  An official court reporter of a statutory county court
   4-22  or a statutory probate court shall be paid:
   4-23              (1)  annual compensation equal to the annual
   4-24  compensation paid the official court reporters serving the district
   4-25  courts in Denton County; and
   4-26              (2)  any longevity pay to which the reporter is
   4-27  entitled under county compensation programs.
    5-1        (g) <(f)>  Jurors regularly impaneled for the week by the
    5-2  district courts of Denton County must include sufficient numbers to
    5-3  serve in the statutory county courts and statutory probate courts
    5-4  as well as the district courts.  The jurors shall <may, at the
    5-5  request of the judge of a county court at law,> be made available
    5-6  by the district judge as necessary <in the numbers requested and
    5-7  shall serve for the week in a county court at law, the county
    5-8  court, or the district courts of Denton County>.  The jury in a
    5-9  statutory county court or statutory probate court in all civil or
   5-10  criminal matters is composed of 12 members, except that in
   5-11  misdemeanor criminal cases and any other case in which the court
   5-12  has jurisdiction that under general law would be concurrent with
   5-13  the county court, the jury is composed of six members.
   5-14        (h)  The judges of the statutory county courts and statutory
   5-15  probate courts may exchange benches and serve for each other in the
   5-16  manner provided by Section 74.121 and are subject to assignment as
   5-17  provided by Section 74.092, except that it is not necessary that a
   5-18  judge's own court have jurisdiction of the type of cases handled by
   5-19  the court to which the judge is assigned or for which the judge is
   5-20  serving.  <The judge of the County Court at Law No. 3 of Denton
   5-21  County on the motion of a party to an action or on the motion of a
   5-22  person interested in an estate may transfer to the court from a
   5-23  district, county, or statutory court a cause of action relating to
   5-24  the adjudication and determination of a land title which is
   5-25  appertaining to or incident to an estate pending in the County
   5-26  Court at Law No. 3 of Denton County or in which a personal
   5-27  representative of an estate pending in the County Court at Law No.
    6-1  3 of Denton County is a party and may consolidate the transferred
    6-2  cause of action with the other proceedings in the County Court at
    6-3  Law No. 3 of Denton County relating to that estate.  The judge may
    6-4  transfer a cause of action under this subsection only with the
    6-5  consent of the judge of the court from which the cause of action is
    6-6  transferred.>
    6-7        SECTION 3.  Subchapter C, Chapter 25, Government Code, is
    6-8  amended by adding Sections 25.0633, 25.0634, and 25.0635 to read as
    6-9  follows:
   6-10        Sec. 25.0633.  DENTON COUNTY COURT AT LAW PROVISIONS.  (a)
   6-11  The County Court at Law No. 1 of Denton County shall give
   6-12  preference to juvenile matters under Chapter 25 and Title 3, Family
   6-13  Code, and the ancillary and pendent jurisdiction necessary to
   6-14  enforce orders of the court in juvenile matters.
   6-15        (b)  The County Court at Law No. 1 of Denton County has
   6-16  exclusive jurisdiction in Denton County over Class C misdemeanor
   6-17  appeals from inferior courts in Denton County unless applicable law
   6-18  vests that jurisdiction in another county.
   6-19        (c)  Notwithstanding Section 25.0003, the County Court at Law
   6-20  No. 1 of Denton County does not have jurisdiction over civil, civil
   6-21  appellate, probate, or mental health matters or over family law
   6-22  cases and proceedings other than juvenile proceedings.
   6-23        (d)  If the juvenile board designates the County Court at Law
   6-24  No. 1 of Denton County as the juvenile court of the county, the
   6-25  court shall give first preference to juvenile matters and second
   6-26  preference to criminal appeals from convictions in justice or
   6-27  municipal courts.  If the court is not designated as the juvenile
    7-1  court, the court shall give first preference to criminal appeals
    7-2  cases and second preference to misdemeanor criminal matters.
    7-3        Sec. 25.0634.  DENTON COUNTY CRIMINAL COURT PROVISIONS.  (a)
    7-4  In addition to the jurisdiction provided by Section 25.0003 and
    7-5  other law, a county criminal court of Denton County has felony
    7-6  jurisdiction concurrent with the district court over matters
    7-7  involving intoxication arising by a true bill of indictment by a
    7-8  grand jury charging one or more offenses under Chapter 49, Penal
    7-9  Code.  The jurisdiction provided by this subsection shall be
   7-10  exercised on assignment by a district judge, by the local
   7-11  administrative district judge, or the regional presiding judge
   7-12  after the return of the true bill of indictment.
   7-13        (b)  A county criminal court has no jurisdiction over civil,
   7-14  civil appellate, probate, or mental health matters.
   7-15        (c)  A county criminal court has no jurisdiction over Class C
   7-16  misdemeanor appeal cases.
   7-17        Sec. 25.0635.  DENTON COUNTY STATUTORY PROBATE COURT
   7-18  PROVISIONS.  (a)  A statutory probate court in Denton County has
   7-19  the jurisdiction provided by law for a county court except that the
   7-20  court does not have the juvenile jurisdiction, jurisdiction over
   7-21  misdemeanors under Section 26.045, habeas corpus jurisdiction, or
   7-22  appellate criminal jurisdiction provided by law for county courts.
   7-23  A statutory probate court has no criminal jurisdiction other than
   7-24  the contempt powers provided by general law for county courts.
   7-25        (b)  A statutory probate court has concurrent jurisdiction
   7-26  with the district court over civil cases other than family law
   7-27  cases in which the actual damages, exclusive of interest,
    8-1  attorney's fees, punitive or exemplary damages, and costs, claimed
    8-2  by the plaintiff on the face of the original petition do not exceed
    8-3  $250,000.  Any counterclaims, cross-actions, third-party claims,
    8-4  declaratory judgments, or interpleaders are not considered in
    8-5  determining the actual damages under this subsection.
    8-6        (c)  A statutory probate court has:
    8-7              (1)  concurrent jurisdiction with the district court
    8-8  over civil penalties, forfeitures, including surety bond
    8-9  forfeitures, and escheats without regard to the amount in
   8-10  controversy or remedy sought; and
   8-11              (2)  the jurisdiction over forfeitures provided by
   8-12  general law for county courts.
   8-13        (d)  A statutory probate court has the jurisdiction of, and
   8-14  shall give preference to, all mental health matters provided by
   8-15  general law for county courts, statutory county courts, statutory
   8-16  probate courts, and district courts with mental health
   8-17  jurisdiction, including proceedings under:
   8-18              (1)  Subtitle C, Title 7, Health and Safety Code;
   8-19              (2)  Chapter 462, Health and Safety Code; and
   8-20              (3)  Subtitle D, Title 7, Health and Safety Code.
   8-21        (e)  A statutory probate court has:
   8-22              (1)  jurisdiction of the collection and management of
   8-23  estates of minors, mentally incapacitated persons, and deceased
   8-24  persons;
   8-25              (2)  jurisdiction of actions by or against a personal
   8-26  representative, actions involving an inter vivos trust, actions
   8-27  involving a charitable trust, actions involving a testamentary
    9-1  trust, and actions involving a constructive trust regardless of the
    9-2  amount in controversy or remedy sought, whether the matter is
    9-3  appertaining to or incident to an estate;
    9-4              (3)  regardless of the amount in controversy or remedy
    9-5  sought, jurisdiction of eminent domain cases as provided by Section
    9-6  21.001, Property Code, for statutory county courts; direct and
    9-7  inverse condemnation cases; adjudication and determination of land
    9-8  titles whether or not ancillary to eminent domain proceedings;
    9-9  partition cases; landlord and tenant cases and controversies,
   9-10  including forcible entry and detainer jurisdiction; suits to quiet
   9-11  title; trespass to try title; lien foreclosures; adjudication of
   9-12  freehold and leasehold interests, easements, licenses, and
   9-13  boundaries; with all ancillary or pendent matters necessary for
   9-14  adjudication of an eminent domain case as provided by Sections
   9-15  21.002 and 21.003, Property Code; and
   9-16              (4)  the pendent and ancillary jurisdiction necessary
   9-17  to promote judicial efficiency and economy.
   9-18        (f)  In cases within the court's probate jurisdiction, the
   9-19  judge, on the motion of a party to an action or on the motion of a
   9-20  person interested in an estate, may transfer to the court from a
   9-21  district, county, or statutory county court a cause of action:
   9-22              (1)  appertaining to or incident to an estate pending
   9-23  in the statutory probate court; or
   9-24              (2)  in which a personal representative of an estate
   9-25  pending in the statutory probate court is a party.
   9-26        (g)  The judge may consolidate causes of action transferred
   9-27  under Subsection (f)(2) with the other proceedings of the statutory
   10-1  probate court relating to the estate.
   10-2        (h)  The judge's transfer authority in Subsection (f) may be
   10-3  exercised only in cases transferred under Section 5B, Texas Probate
   10-4  Code, or other applicable law relating to statutory probate courts
   10-5  and is not a general transfer authority for any other case.
   10-6        SECTION 4.  (a)  This Act does not affect the term of office
   10-7  of a judge of a court renamed by this Act.  The judge of a court
   10-8  renamed by this Act, unless otherwise removed as provided by law,
   10-9  continues to serve for the term to which elected.
  10-10        (b)  All writs and processes returnable to a court renamed by
  10-11  this Act are returnable and subject to the jurisdiction of the
  10-12  renamed court and may be transferred to another court on order of
  10-13  the judge of the renamed court or the local administrative judge
  10-14  for statutory county courts if necessary, subject to the changes in
  10-15  jurisdiction and docket preferences provided by this Act.
  10-16        SECTION 5.  The importance of this legislation and the
  10-17  crowded condition of the calendars in both houses create an
  10-18  emergency and an imperative public necessity that the
  10-19  constitutional rule requiring bills to be read on three several
  10-20  days in each house be suspended, and this rule is hereby suspended,
  10-21  and that this Act take effect and be in force from and after its
  10-22  passage, and it is so enacted.