S.B. No. 1720
AN ACT
1-1 relating to the county courts at law of Nueces County.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 25.1802, Government Code, is amended by
1-4 adding Subsections (a), (d), (l), (m), (n), (o), (p), and (q) to
1-5 read as follows:
1-6 (a) In addition to the jurisdiction provided by Section
1-7 25.0003 and other law, and except as limited by Subsection (d), a
1-8 county court at law in Nueces County has:
1-9 (1) the jurisdiction provided by the constitution and
1-10 by general law for district courts;
1-11 (2) the general jurisdiction provided by Section
1-12 25.0021 for a statutory probate court and the jurisdiction and
1-13 authority of a probate court or a statutory probate court under
1-14 Sections 4, 5, 5A, and 5B, Texas Probate Code;
1-15 (3) concurrent jurisdiction with the district court in
1-16 disputes ancillary to probate, eminent domain, condemnation, or
1-17 landlord and tenant matters relating to the adjudication and
1-18 determination of land titles and trusts, whether testamentary,
1-19 inter vivos, constructive, resulting, or any other class or type of
1-20 trust, regardless of the amount in controversy or the remedy
1-21 sought;
1-22 (4) concurrent jurisdiction with the district court
1-23 over civil forfeitures, including surety bond forfeitures without
1-24 minimum or maximum limitation as to the amount in controversy or
2-1 remedy sought;
2-2 (5) jurisdiction in mental health matters, original or
2-3 appellate, provided by law for constitutional county courts,
2-4 statutory county courts, statutory probate courts, or district
2-5 courts with mental health jurisdiction, including proceedings
2-6 under:
2-7 (A) Subtitle C, Title 7, Health and Safety Code;
2-8 (B) Chapter 462, Health and Safety Code; and
2-9 (C) Subtitle D, Title 7, Health and Safety Code;
2-10 (6) jurisdiction over the collection and management of
2-11 estates of minors, mentally disabled persons, and deceased persons;
2-12 (7) concurrent jurisdiction with the district court in
2-13 all actions by or against a personal representative, in all actions
2-14 involving an inter vivos trust, in all actions involving a
2-15 charitable trust, and in all actions involving a testamentary
2-16 trust, whether the matter is appertaining to or incident to an
2-17 estate;
2-18 (8) the pendent and ancillary jurisdiction necessary
2-19 to promote judicial efficiency and economy; and
2-20 (9) jurisdiction in all cases assigned, transferred,
2-21 or heard under Sections 74.054, 74.059, and 74.094, Government
2-22 Code.
2-23 (d) A county court at law does not have jurisdiction of:
2-24 (1) felony cases, except as otherwise provided by law;
2-25 (2) misdemeanors involving official misconduct unless
2-26 assigned under Sections 74.054 and 74.059, Government Code;
2-27 (3) contested elections; or
3-1 (4) family law cases.
3-2 (l) A county court at law does not have general supervisory
3-3 control over the commissioners court.
3-4 (m) A county court at law may not issue writs of habeas
3-5 corpus in felony cases.
3-6 (n) The district clerk serves as clerk of a county court at
3-7 law in cases in the concurrent jurisdiction of the county courts at
3-8 law and the district courts, and the county clerk serves as the
3-9 clerk in all other cases. The district clerk shall establish a
3-10 separate docket for each county court at law and charge the same
3-11 fees as are allowed in district court cases.
3-12 (o) If a jury trial is requested in a case that is in a
3-13 county court at law's jurisdiction, the jury shall be composed of
3-14 six members unless the constitution requires a 12-member jury.
3-15 Failure to object before a six-member jury is seated and sworn
3-16 constitutes a waiver of a 12-member jury.
3-17 (p) If any cause or proceeding is lodged with the district
3-18 clerk and the district clerk files, dockets, or assigns the cause
3-19 or proceeding in or to a county court at law and the county court
3-20 at law does not have subject matter jurisdiction over the cause or
3-21 proceeding, then the filing, docketing, or assignment of the cause
3-22 or proceeding in or to a county court at law is considered a
3-23 clerical error and that clerical error shall be corrected by a
3-24 judgment or order nunc pro tunc. The cause or proceeding is
3-25 considered filed, docketed, or assigned to the district court of
3-26 the local administrative judge in the first instance rather than to
3-27 a county court at law of Nueces County. The judge of a county
4-1 court at law of Nueces County who acts in the cause or proceeding
4-2 is considered assigned to the district court of the local
4-3 administrative judge for that purpose and has all the powers of the
4-4 judge of that district court under the assignment.
4-5 (q) The judges of the county courts at law of Nueces County
4-6 have the same judicial immunity as a district judge.
4-7 SECTION 2. This Act takes effect September 1, 1995.
4-8 SECTION 3. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.