1-1 By: Nelson S.B. No. 240
1-2 (In the Senate - Filed January 16, 1995; January 18, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 January 24, 1995, reported favorably by the following vote: Yeas
1-5 5, Nays 2; January 24, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the statutory county courts and statutory probate court
1-9 in Denton County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 25.0631, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 25.0631. Denton County. (a) Denton County has the
1-14 following statutory county courts:
1-15 (1) County Court at Law No. 1 of Denton County;
1-16 (2) County Criminal Court No. 1 of Denton County; and
1-17 (3) County Criminal Court <at Law> No. 2 of Denton
1-18 County.
1-19 (b) Denton County has one statutory probate court, the
1-20 Probate <; and>
1-21 <(3) County> Court <at Law No. 3> of Denton County.
1-22 (c) <(b)> The statutory county courts <at law> of Denton
1-23 County sit in the county seat or at another location in the county
1-24 as assigned by the local administrative statutory county court
1-25 judge. The statutory probate court of Denton County sits in the
1-26 county seat and may conduct docket matters at other locations in
1-27 the county as the judge considers necessary for the protection of
1-28 wards or mental health respondents.
1-29 SECTION 2. Section 25.0632, Government Code, is amended to
1-30 read as follows:
1-31 Sec. 25.0632. DENTON COUNTY STATUTORY COURT AND STATUTORY
1-32 PROBATE COURT <AT LAW> PROVISIONS. (a) In addition to meeting the
1-33 qualifications of office in Section 25.0014, the judge of a
1-34 statutory county court or statutory probate court in Denton County
1-35 must meet the qualifications of office for a district judge
1-36 provided by Section 7, Article V, Texas Constitution <the
1-37 jurisdiction provided by Section 25.0003 and other law, a county
1-38 court at law in Denton County has concurrent jurisdiction with the
1-39 district court in proceedings under Title 3, Family Code>.
1-40 (b) <In addition to the jurisdiction provided by Section
1-41 25.0003 and other law, the County Court at Law No. 3 of Denton
1-42 County has:>
1-43 <(1) the general jurisdiction provided by Section
1-44 25.0021 for a statutory probate court;>
1-45 <(2) concurrent jurisdiction with the district court
1-46 in disputes ancillary to probate, eminent domain, condemnation, or
1-47 landlord and tenant matters relating to the adjudication and
1-48 determination of land titles and trusts, whether testamentary,
1-49 inter vivos, constructive, resulting, or any other class or type of
1-50 trust, regardless of the amount in controversy or the remedy
1-51 sought;>
1-52 <(3) concurrent jurisdiction with the district court
1-53 of civil forfeitures, including surety bond forfeitures without
1-54 minimum or maximum limitation as to the amount in controversy or
1-55 remedy sought;>
1-56 <(4) jurisdiction in mental health matters, original
1-57 or appellate, provided by law for constitutional county courts,
1-58 statutory county courts, statutory probate courts, or district
1-59 courts with mental health jurisdiction, including proceedings
1-60 under:>
1-61 <(A) Subtitle C, Title 7, Health and Safety
1-62 Code;>
1-63 <(B) Chapter 462, Health and Safety Code; and>
1-64 <(C) Subtitle D, Title 7, Health and Safety
1-65 Code;>
1-66 <(5) jurisdiction over the collection and management
1-67 of estates of minors, mentally disabled persons, and deceased
1-68 persons;>
2-1 <(6) concurrent jurisdiction with the district court
2-2 in all actions by or against a personal representative, in all
2-3 actions involving an inter vivos trust, in all actions involving a
2-4 charitable trust, and in all actions involving a testamentary
2-5 trust, whether the matter is appertaining to or incident to an
2-6 estate; and>
2-7 <(7) the pendent and ancillary jurisdiction necessary
2-8 to promote judicial efficiency and economy.>
2-9 <(c)> The regular judge of a statutory county court or a
2-10 statutory probate court <at law> may not engage in the private
2-11 practice of law.
2-12 (c) <(d)> The judge of each statutory county court and
2-13 statutory probate court <at law> shall be paid <an> annual
2-14 compensation equal to the annual compensation, including all
2-15 supplements, paid from any public source to <salary of at least
2-16 $41,285 but not more than 95 percent of the salary, including
2-17 supplements, paid> a district judge in the county. For purposes of
2-18 Sections 25.0005 and 25.0015, a statutory county court or a
2-19 statutory probate court in Denton County has jurisdiction at least
2-20 equivalent to the jurisdiction provided by Section 25.0003 for
2-21 statutory county courts. The salary of a statutory county court
2-22 judge or a statutory probate court judge shall be paid in equal
2-23 installments at least monthly. <The salary of a county court at
2-24 law judge shall be paid in the same manner and from the same fund
2-25 as the salary of the county judge.>
2-26 (d) <(e)> The commissioners court, on proper request by the
2-27 appropriate official in charge of a department, shall <may> employ
2-28 as many additional assistant criminal district attorneys, deputy
2-29 sheriffs, and deputy clerks as are shown to the commissioners
2-30 court's satisfaction to be necessary to serve the statutory county
2-31 courts and the statutory probate court <at law>.
2-32 (e) A court officer appointed by the judge of a statutory
2-33 county court or statutory probate court shall be sworn by the judge
2-34 by an oath in the general form provided by law for appointed
2-35 officials. The judge shall modify the oath to apply to the
2-36 particular officer and duties or to conform to any statutory oath
2-37 required for the particular position.
2-38 (f) An official court reporter of a statutory county court
2-39 or a statutory probate court shall be paid:
2-40 (1) annual compensation equal to the annual
2-41 compensation paid the official court reporters serving the district
2-42 courts in Denton County; and
2-43 (2) any longevity pay to which the reporter is
2-44 entitled under county compensation programs.
2-45 (g) <(f)> Jurors regularly impaneled for the week by the
2-46 district courts of Denton County must include sufficient numbers to
2-47 serve in the statutory county courts and statutory probate courts
2-48 as well as the district courts. The jurors shall <may, at the
2-49 request of the judge of a county court at law,> be made available
2-50 by the district judge as necessary <in the numbers requested and
2-51 shall serve for the week in a county court at law, the county
2-52 court, or the district courts of Denton County>. The jury in a
2-53 statutory county court or statutory probate court in all civil or
2-54 criminal matters is composed of 12 members, except that in
2-55 misdemeanor criminal cases and any other case in which the court
2-56 has jurisdiction that under general law would be concurrent with
2-57 the county court, the jury is composed of six members.
2-58 (h) The judges of the statutory county courts and statutory
2-59 probate court may exchange benches and serve for each other in the
2-60 manner provided by Section 74.121 and are subject to assignment as
2-61 provided by Section 74.092, except that it is not necessary that a
2-62 judge's own court have jurisdiction of the type of cases handled by
2-63 the court to which the judge is assigned or for which the judge is
2-64 serving <judge of the County Court at Law No. 3 of Denton County on
2-65 the motion of a party to an action or on the motion of a person
2-66 interested in an estate may transfer to the court from a district,
2-67 county, or statutory court a cause of action relating to the
2-68 adjudication and determination of a land title which is
2-69 appertaining to or incident to an estate pending in the County
2-70 Court at Law No. 3 of Denton County or in which a personal
3-1 representative of an estate pending in the County Court at Law No.
3-2 3 of Denton County is a party and may consolidate the transferred
3-3 cause of action with the other proceedings in the County Court at
3-4 Law No. 3 of Denton County relating to that estate. The judge may
3-5 transfer a cause of action under this subsection only with the
3-6 consent of the judge of the court from which the cause of action is
3-7 transferred>.
3-8 SECTION 3. Subchapter C, Chapter 25, Government Code, is
3-9 amended by adding Sections 25.0633, 25.0634, and 25.0635 to read as
3-10 follows:
3-11 Sec. 25.0633. DENTON COUNTY COURT AT LAW PROVISIONS.
3-12 (a) The County Court at Law No. 1 of Denton County shall give
3-13 preference to juvenile matters under Chapter 25 and Title 3, Family
3-14 Code, and the ancillary and pendent jurisdiction necessary to
3-15 enforce orders of the court in juvenile matters.
3-16 (b) The County Court at Law No. 1 of Denton County has
3-17 exclusive jurisdiction in Denton County over Class C misdemeanor
3-18 appeals from inferior courts in Denton County unless applicable law
3-19 vests that jurisdiction in another county.
3-20 (c) Notwithstanding Section 25.0003, the County Court at Law
3-21 No. 1 of Denton County does not have jurisdiction over civil, civil
3-22 appellate, probate, or mental health matters or over family law
3-23 cases and proceedings other than juvenile proceedings.
3-24 (d) If the juvenile board designates the County Court at Law
3-25 No. 1 of Denton County as the juvenile court of the county, the
3-26 court shall give first preference to juvenile matters and second
3-27 preference to criminal appeals from convictions in justice or
3-28 municipal courts. If the court is not designated as the juvenile
3-29 court, the court shall give first preference to criminal appeals
3-30 cases and second preference to misdemeanor criminal matters.
3-31 Sec. 25.0634. DENTON COUNTY CRIMINAL COURT PROVISIONS.
3-32 (a) In addition to the jurisdiction provided by Section 25.0003
3-33 and other law, the county criminal courts of Denton County have
3-34 felony jurisdiction concurrent with the district court over matters
3-35 involving intoxication arising by a true bill of indictment by a
3-36 grand jury charging one or more offenses under Chapter 49, Penal
3-37 Code. The jurisdiction provided by this subsection shall be
3-38 exercised on assignment by a district judge, by the local
3-39 administrative district judge, or the regional presiding judge
3-40 after the return of the true bill of indictment.
3-41 (b) A county criminal court has no jurisdiction over civil,
3-42 civil appellate, probate, or mental health matters.
3-43 (c) A county criminal court has no jurisdiction over Class C
3-44 misdemeanor appeal cases.
3-45 Sec. 25.0635. DENTON COUNTY STATUTORY PROBATE COURT
3-46 PROVISIONS. (a) A statutory probate court in Denton County has
3-47 the jurisdiction provided by law for a county court except that the
3-48 court does not have the juvenile jurisdiction, jurisdiction over
3-49 misdemeanors under Section 26.045, habeas corpus jurisdiction, or
3-50 appellate criminal jurisdiction provided by law for county courts.
3-51 A statutory probate court has no criminal jurisdiction other than
3-52 the contempt powers provided by general law for county courts.
3-53 (b) A statutory probate court has concurrent jurisdiction
3-54 with the district court over civil cases other than family law
3-55 cases in which the actual damages, exclusive of interest,
3-56 attorney's fees, punitive or exemplary damages, and costs, claimed
3-57 by the plaintiff on the face of the original petition do not exceed
3-58 $250,000. Any counterclaims, cross-actions, third-party claims,
3-59 declaratory judgments, or interpleaders are not considered in
3-60 determining the actual damages under this subsection.
3-61 (c) A statutory probate court has:
3-62 (1) concurrent jurisdiction with the district court
3-63 over civil penalties, forfeitures, including surety bond
3-64 forfeitures, and escheats without regard to the amount in
3-65 controversy or remedy sought; and
3-66 (2) the jurisdiction over forfeitures provided by
3-67 general law for county courts.
3-68 (d) A statutory probate court has the jurisdiction of and
3-69 shall give preference to all mental health matters provided by
3-70 general law for county courts, statutory county courts, statutory
4-1 probate courts, and district courts with mental health
4-2 jurisdiction, including proceedings under:
4-3 (1) Subtitle C, Title 7, Health and Safety Code;
4-4 (2) Chapter 462, Health and Safety Code; and
4-5 (3) Subtitle D, Title 7, Health and Safety Code.
4-6 (e) A statutory probate court has:
4-7 (1) jurisdiction of the collection and management of
4-8 estates of minors, mentally incapacitated persons, and deceased
4-9 persons;
4-10 (2) jurisdiction of actions by or against a personal
4-11 representative, actions involving an inter vivos trust, actions
4-12 involving a charitable trust, actions involving a testamentary
4-13 trust, and actions involving a constructive trust regardless of the
4-14 amount in controversy or remedy sought, whether the matter is
4-15 appertaining to or incident to an estate;
4-16 (3) regardless of the amount in controversy or remedy
4-17 sought, jurisdiction of eminent domain cases as provided by Section
4-18 21.001, Property Code, for statutory county courts; direct and
4-19 inverse condemnation cases; adjudication and determination of land
4-20 titles whether or not ancillary to eminent domain proceedings;
4-21 partition cases; landlord and tenant cases and controversies,
4-22 including forcible entry and detainer jurisdiction; suits to quiet
4-23 title; trespass to try title; lien foreclosures; adjudication of
4-24 freehold and leasehold interests, easements, licenses, and
4-25 boundaries; with all ancillary or pendent matters necessary for
4-26 adjudication of an eminent domain case as provided by Sections
4-27 21.002 and 21.003, Property Code; and
4-28 (4) the pendent and ancillary jurisdiction necessary
4-29 to promote judicial efficiency and economy.
4-30 (f) In cases within the court's probate jurisdiction, the
4-31 judge, on the motion of a party to an action or on the motion of a
4-32 person interested in an estate, may transfer to the court from a
4-33 district, county, or statutory county court a cause of action:
4-34 (1) appertaining to or incident to an estate pending
4-35 in the statutory probate court; or
4-36 (2) in which a personal representative of an estate
4-37 pending in the statutory probate court is a party.
4-38 (g) The judge may consolidate causes of action transferred
4-39 under Subsection (f)(2) with the other proceedings of the statutory
4-40 probate court relating to the estate.
4-41 (h) The judge's transfer authority in Subsection (f) may be
4-42 exercised only in cases transferred under Section 5B, Texas Probate
4-43 Code, or other applicable law relating to statutory probate courts
4-44 and is not a general transfer authority for any other case.
4-45 SECTION 4. (a) This Act does not affect the term of office
4-46 of a judge of a court renamed by this Act. The judge of a court
4-47 renamed by this Act, unless otherwise removed as provided by law,
4-48 continues to serve for the term to which elected.
4-49 (b) All writs and processes returnable to a court renamed by
4-50 this Act are returnable and subject to the jurisdiction of the
4-51 renamed court and may be transferred to another court on order of
4-52 the judge of the renamed court or the local administrative judge
4-53 for statutory county courts if necessary, subject to the changes in
4-54 jurisdiction and docket preferences provided by this Act.
4-55 SECTION 5. The judge initially appointed to the County
4-56 Criminal Court No. 1 of Denton County created by this Act serves
4-57 until a successor is elected and qualified as provided by law
4-58 without regard to whether the office of judge is placed on the
4-59 ballot at the general election following the judge's appointment or
4-60 is delayed because of any federal law or court action.
4-61 SECTION 6. Notwithstanding Subdivision (2), Subsection (a),
4-62 Section 25.0631, Government Code, as amended by this Act, the
4-63 County Criminal Court No. 1 of Denton County is created August 1,
4-64 1995.
4-65 SECTION 7. The importance of this legislation and the
4-66 crowded condition of the calendars in both houses create an
4-67 emergency and an imperative public necessity that the
4-68 constitutional rule requiring bills to be read on three several
4-69 days in each house be suspended, and this rule is hereby suspended,
4-70 and that this Act take effect and be in force from and after its
5-1 passage, and it is so enacted.
5-2 * * * * *