S.B. No. 240
AN ACT
1-1 relating to the statutory county courts and statutory probate court
1-2 in Denton County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.0631, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 25.0631. Denton County. (a) Denton County has the
1-7 following statutory county courts:
1-8 (1) County Court at Law No. 1 of Denton County;
1-9 (2) County Criminal Court No. 1 of Denton County; and
1-10 (3) 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 <the
2-6 jurisdiction provided by Section 25.0003 and other law, a county
2-7 court at law in Denton County has concurrent jurisdiction with the
2-8 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 <at law> judge or a statutory probate court judge shall be paid in
4-6 equal installments at least monthly <the same manner and from the
4-7 same fund as the salary of the county judge>.
4-8 (d) <(e)> The commissioners court, on proper request by the
4-9 appropriate official in charge of a department, may employ as many
4-10 additional assistant criminal district attorneys, deputy sheriffs,
4-11 and deputy clerks as are shown to the commissioners court's
4-12 satisfaction to be necessary to serve the statutory county courts
4-13 and the statutory probate court <at law>.
4-14 (e) A court officer appointed by the judge of a statutory
4-15 county court or statutory probate court shall be sworn by the judge
4-16 by an oath in the general form provided by law for appointed
4-17 officials. The judge shall modify the oath to apply to the
4-18 particular officer and duties or to conform to any statutory oath
4-19 required for the particular position.
4-20 (f) An official court reporter of a statutory county court
4-21 or a statutory probate court may be paid:
4-22 (1) annual compensation equal to the annual
4-23 compensation paid the official court reporters serving the district
4-24 courts in Denton County; and
4-25 (2) any longevity pay to which the reporter is
4-26 entitled under county compensation programs.
4-27 (g) <(f)> Jurors regularly impaneled for the week by the
5-1 district courts of Denton County must include sufficient numbers to
5-2 serve in the statutory county courts and statutory probate courts
5-3 as well as the district courts. The jurors shall <may, at the
5-4 request of the judge of a county court at law,> be made available
5-5 by the district judge as necessary <in the numbers requested and
5-6 shall serve for the week in a county court at law, the county
5-7 court, or the district courts of Denton County>. The jury in a
5-8 statutory county court or statutory probate court in all civil or
5-9 criminal matters is composed of 12 members, except that in
5-10 misdemeanor criminal cases and any other case in which the court
5-11 has jurisdiction that under general law would be concurrent with
5-12 the county court, the jury is composed of six members.
5-13 (h) The judges of the statutory county courts may exchange
5-14 benches and serve for each other in the manner provided by Section
5-15 74.121 and are subject to assignment as provided by Section 74.092,
5-16 except that it is not necessary that a judge's own court have
5-17 jurisdiction of the type of cases handled by the court to which the
5-18 judge is assigned or for which the judge is serving <judge of the
5-19 County Court at Law No. 3 of Denton County on the motion of a party
5-20 to an action or on the motion of a person interested in an estate
5-21 may transfer to the court from a district, county, or statutory
5-22 court a cause of action relating to the adjudication and
5-23 determination of a land title which is appertaining to or incident
5-24 to an estate pending in the County Court at Law No. 3 of Denton
5-25 County or in which a personal representative of an estate pending
5-26 in the County Court at Law No. 3 of Denton County is a party and
5-27 may consolidate the transferred cause of action with the other
6-1 proceedings in the County Court at Law No. 3 of Denton County
6-2 relating to that estate. The judge may transfer a cause of action
6-3 under this subsection only with the consent of the judge of the
6-4 court from which the cause of action is transferred>.
6-5 (i) A judge of a statutory probate court is subject to
6-6 assignment as provided by Section 25.0022.
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.
6-11 (a) 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. Notwithstanding Chapter 53, Family Code, the
7-1 criminal district attorney of Denton County is the designated
7-2 official to receive all felony grade referrals regarding juveniles.
7-3 If the court is not designated as the juvenile court, the court
7-4 shall give first preference to criminal appeals cases and second
7-5 preference to misdemeanor criminal matters.
7-6 Sec. 25.0634. DENTON COUNTY CRIMINAL COURT PROVISIONS.
7-7 (a) In addition to the jurisdiction provided by Section 25.0003
7-8 and other law, the county criminal courts of Denton County have
7-9 felony jurisdiction concurrent with the district court over matters
7-10 involving intoxication arising by a true bill of indictment by a
7-11 grand jury charging one or more offenses under Chapter 49, Penal
7-12 Code. The jurisdiction provided by this subsection shall be
7-13 exercised on assignment by a district judge, by the local
7-14 administrative district judge, or the regional presiding judge
7-15 after the return of the true bill of indictment.
7-16 (b) A county criminal court has no jurisdiction over civil,
7-17 civil appellate, probate, or mental health matters.
7-18 (c) A county criminal court has no jurisdiction over Class C
7-19 misdemeanor appeal cases.
7-20 (d) A judge of a county criminal court in Denton County may
7-21 not be assigned under Chapter 74 to serve as a visiting judge in
7-22 Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock,
7-23 Midland, Tarrant, or Travis County.
7-24 Sec. 25.0635. DENTON COUNTY STATUTORY PROBATE COURT
7-25 PROVISIONS. (a) A statutory probate court in Denton County has
7-26 the jurisdiction provided by law for a county court except that the
7-27 court does not have the juvenile jurisdiction, jurisdiction over
8-1 misdemeanors under Section 26.045, habeas corpus jurisdiction, or
8-2 appellate criminal jurisdiction provided by law for county courts.
8-3 A statutory probate court has no criminal jurisdiction other than
8-4 the contempt powers provided by general law for county courts.
8-5 (b) A statutory probate court has the civil jurisdiction
8-6 provided by Section 25.0003 for statutory county courts.
8-7 (c) A statutory probate court has the jurisdiction provided
8-8 by general law for county courts or statutory county courts over
8-9 civil penalties, forfeitures, including surety bond forfeitures and
8-10 escheats regardless of the amount in controversy or remedy sought.
8-11 (d) A statutory probate court has jurisdiction, regardless
8-12 of the amount in controversy or remedy sought, over eminent domain
8-13 cases as provided by Section 21.001, Property Code, for statutory
8-14 county courts; direct and inverse condemnation cases; adjudication
8-15 and determination of land titles, whether or not ancillary to
8-16 eminent domain proceedings; partition cases; suits to quiet title;
8-17 trespass to try title; lien foreclosures; and adjudication of all
8-18 freehold and leasehold interests, easements, licenses, and
8-19 boundaries of real property; with all ancillary or pendent
8-20 jurisdiction necessary for adjudication of an eminent domain case
8-21 as provided by Sections 21.002 and 21.003, Property Code.
8-22 SECTION 4. (a) This Act does not affect the term of office
8-23 of a judge of a court renamed by this Act. The judge of a court
8-24 renamed by this Act, unless otherwise removed as provided by law,
8-25 continues to serve for the term to which elected.
8-26 (b) All writs and processes returnable to a court renamed by
8-27 this Act are returnable and subject to the jurisdiction of the
9-1 renamed court and may be transferred to another court on order of
9-2 the judge of the renamed court or the local administrative judge
9-3 for statutory county courts if necessary, subject to the changes in
9-4 jurisdiction and docket preferences provided by this Act.
9-5 SECTION 5. The judge initially appointed to the County
9-6 Criminal Court No. 1 of Denton County created by this Act serves
9-7 until a successor is elected and qualified as provided by law
9-8 without regard to whether the office of judge is placed on the
9-9 ballot at the general election following the judge's appointment or
9-10 is delayed because of any federal law or court action.
9-11 SECTION 6. Notwithstanding Subdivision (2), Subsection (a),
9-12 Section 25.0631, Government Code, as amended by this Act, the
9-13 County Criminal Court No. 1 of Denton County is created August 1,
9-14 1995.
9-15 SECTION 7. The importance of this legislation and the
9-16 crowded condition of the calendars in both houses create an
9-17 emergency and an imperative public necessity that the
9-18 constitutional rule requiring bills to be read on three several
9-19 days in each house be suspended, and this rule is hereby suspended,
9-20 and that this Act take effect and be in force from and after its
9-21 passage, and it is so enacted.