74R10809 RJA-D
By Nelson, et al. S.B. No. 240
Substitute the following for S.B. No. 240:
By Goodman C.S.S.B. No. 240
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 <the
2-7 jurisdiction provided by Section 25.0003 and other law, a county
2-8 court at law in Denton County has concurrent jurisdiction with the
2-9 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 law
4-8 judge shall be paid in the same manner and from the same fund as
4-9 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, may employ as many
4-12 additional assistant criminal district attorneys, deputy sheriffs,
4-13 and deputy clerks as are shown to the commissioners court's
4-14 satisfaction to be necessary to serve the statutory county courts
4-15 and the statutory probate court <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 may 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 may exchange
5-16 benches and serve for each other in the manner provided by Section
5-17 74.121 and are subject to assignment as provided by Section 74.092,
5-18 except that it is not necessary that a judge's own court have
5-19 jurisdiction of the type of cases handled by the court to which the
5-20 judge is assigned or for which the judge is serving <judge of the
5-21 County Court at Law No. 3 of Denton County on the motion of a party
5-22 to an action or on the motion of a person interested in an estate
5-23 may transfer to the court from a district, county, or statutory
5-24 court a cause of action relating to the adjudication and
5-25 determination of a land title which is appertaining to or incident
5-26 to an estate pending in the County Court at Law No. 3 of Denton
5-27 County or in which a personal representative of an estate pending
6-1 in the County Court at Law No. 3 of Denton County is a party and
6-2 may consolidate the transferred cause of action with the other
6-3 proceedings in the County Court at Law No. 3 of Denton County
6-4 relating to that estate. The judge may transfer a cause of action
6-5 under this subsection only with the consent of the judge of the
6-6 court from which the cause of action is transferred>.
6-7 (i) A judge of a statutory probate court is subject to
6-8 assignment as provided by Section 25.0022.
6-9 SECTION 3. Subchapter C, Chapter 25, Government Code, is
6-10 amended by adding Sections 25.0633, 25.0634, and 25.0635 to read as
6-11 follows:
6-12 Sec. 25.0633. DENTON COUNTY COURT AT LAW PROVISIONS. (a)
6-13 The County Court at Law No. 1 of Denton County shall give
6-14 preference to juvenile matters under Chapter 25 and Title 3, Family
6-15 Code, and the ancillary and pendent jurisdiction necessary to
6-16 enforce orders of the court in juvenile matters.
6-17 (b) The County Court at Law No. 1 of Denton County has
6-18 exclusive jurisdiction in Denton County over Class C misdemeanor
6-19 appeals from inferior courts in Denton County unless applicable law
6-20 vests that jurisdiction in another county.
6-21 (c) Notwithstanding Section 25.0003, the County Court at Law
6-22 No. 1 of Denton County does not have jurisdiction over civil, civil
6-23 appellate, probate, or mental health matters or over family law
6-24 cases and proceedings other than juvenile proceedings.
6-25 (d) If the juvenile board designates the County Court at Law
6-26 No. 1 of Denton County as the juvenile court of the county, the
6-27 court shall give first preference to juvenile matters and second
7-1 preference to criminal appeals from convictions in justice or
7-2 municipal courts. Notwithstanding Chapter 53, Family Code, the
7-3 criminal district attorney of Denton County is the designated
7-4 official to receive all felony grade referrals regarding juveniles.
7-5 If the court is not designated as the juvenile court, the court
7-6 shall give first preference to criminal appeals cases and second
7-7 preference to misdemeanor criminal matters.
7-8 Sec. 25.0634. DENTON COUNTY CRIMINAL COURT PROVISIONS. (a)
7-9 In addition to the jurisdiction provided by Section 25.0003 and
7-10 other law, the county criminal courts of Denton County have felony
7-11 jurisdiction concurrent with the district court over matters
7-12 involving intoxication arising by a true bill of indictment by a
7-13 grand jury charging one or more offenses under Chapter 49, Penal
7-14 Code. The jurisdiction provided by this subsection shall be
7-15 exercised on assignment by a district judge, by the local
7-16 administrative district judge, or the regional presiding judge
7-17 after the return of the true bill of indictment.
7-18 (b) A county criminal court has no jurisdiction over civil,
7-19 civil appellate, probate, or mental health matters.
7-20 (c) A county criminal court has no jurisdiction over Class C
7-21 misdemeanor appeal cases.
7-22 (d) A judge of a county criminal court in Denton County may
7-23 not be assigned under Chapter 74 to serve as a visiting judge in
7-24 Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock,
7-25 Midland, Tarrant, or Travis County.
7-26 Sec. 25.0635. DENTON COUNTY STATUTORY PROBATE COURT
7-27 PROVISIONS. (a) A statutory probate court in Denton County has
8-1 the jurisdiction provided by law for a county court except that the
8-2 court does not have the juvenile jurisdiction, jurisdiction over
8-3 misdemeanors under Section 26.045, habeas corpus jurisdiction, or
8-4 appellate criminal jurisdiction provided by law for county courts.
8-5 A statutory probate court has no criminal jurisdiction other than
8-6 the contempt powers provided by general law for county courts.
8-7 (b) A statutory probate court has the civil jurisdiction
8-8 provided by Section 25.0003 for statutory county courts.
8-9 (c) A statutory probate court has the jurisdiction provided
8-10 by general law for county courts or statutory county courts over
8-11 civil penalties, forfeitures, including surety bond forfeitures and
8-12 escheats regardless of the amount in controversy or remedy sought.
8-13 (d) A statutory probate court has jurisdiction, regardless
8-14 of the amount in controversy or remedy sought, over eminent domain
8-15 cases as provided by Section 21.001, Property Code, for statutory
8-16 county courts; direct and inverse condemnation cases; adjudication
8-17 and determination of land titles whether or not ancillary to
8-18 eminent domain proceedings; partition cases; suits to quiet title;
8-19 trespass to try title; lien foreclosures; adjudication of all
8-20 freehold and leasehold interests, easements, licenses, and
8-21 boundaries of real property; with all ancillary or pendent
8-22 jurisdiction necessary for adjudication of an eminent domain case
8-23 as provided by Sections 21.002 and 21.003, Property Code.
8-24 SECTION 4. (a) This Act does not affect the term of office
8-25 of a judge of a court renamed by this Act. The judge of a court
8-26 renamed by this Act, unless otherwise removed as provided by law,
8-27 continues to serve for the term to which elected.
9-1 (b) All writs and processes returnable to a court renamed by
9-2 this Act are returnable and subject to the jurisdiction of the
9-3 renamed court and may be transferred to another court on order of
9-4 the judge of the renamed court or the local administrative judge
9-5 for statutory county courts if necessary, subject to the changes in
9-6 jurisdiction and docket preferences provided by this Act.
9-7 SECTION 5. The judge initially appointed to the County
9-8 Criminal Court No. 1 of Denton County created by this Act serves
9-9 until a successor is elected and qualified as provided by law
9-10 without regard to whether the office of judge is placed on the
9-11 ballot at the general election following the judge's appointment or
9-12 is delayed because of any federal law or court action.
9-13 SECTION 6. Notwithstanding Section 25.0631(a)(2), Government
9-14 Code, as amended by this Act, the County Criminal Court No. 1 of
9-15 Denton County is created August 1, 1995.
9-16 SECTION 7. The importance of this legislation and the
9-17 crowded condition of the calendars in both houses create an
9-18 emergency and an imperative public necessity that the
9-19 constitutional rule requiring bills to be read on three several
9-20 days in each house be suspended, and this rule is hereby suspended,
9-21 and that this Act take effect and be in force from and after its
9-22 passage, and it is so enacted.