By Truan S.B. No. 1720
74R13222 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the county courts at law of Nueces County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.1802, Government Code, is amended by
1-5 adding Subsections (a), (d), (l), (m), (n), (o), (p), and (q) to
1-6 read as follows:
1-7 (a) In addition to the jurisdiction provided by Section
1-8 25.0003 and other law, and except as limited by Subsection (d), a
1-9 county court at law in Nueces County has:
1-10 (1) the jurisdiction provided by the constitution and
1-11 by general law for district courts;
1-12 (2) the general jurisdiction provided by Section
1-13 25.0021 for a statutory probate court and the jurisdiction and
1-14 authority of a probate court or a statutory probate court under
1-15 Sections 4, 5, 5A, and 5B, Texas Probate Code;
1-16 (3) concurrent jurisdiction with the district court in
1-17 disputes ancillary to probate, eminent domain, condemnation, or
1-18 landlord and tenant matters relating to the adjudication and
1-19 determination of land titles and trusts, whether testamentary,
1-20 inter vivos, constructive, resulting, or any other class or type of
1-21 trust, regardless of the amount in controversy or the remedy
1-22 sought;
1-23 (4) concurrent jurisdiction with the district court
1-24 over civil forfeitures, including surety bond forfeitures without
2-1 minimum or maximum limitation as to the amount in controversy or
2-2 remedy sought;
2-3 (5) jurisdiction in mental health matters, original or
2-4 appellate, provided by law for constitutional county courts,
2-5 statutory county courts, statutory probate courts, or district
2-6 courts with mental health jurisdiction, including proceedings
2-7 under:
2-8 (A) Subtitle C, Title 7, Health and Safety Code;
2-9 (B) Chapter 462, Health and Safety Code; and
2-10 (C) Subtitle D, Title 7, Health and Safety Code;
2-11 (6) jurisdiction over the collection and management of
2-12 estates of minors, mentally disabled persons, and deceased persons;
2-13 (7) concurrent jurisdiction with the district court in
2-14 all actions by or against a personal representative, in all actions
2-15 involving an inter vivos trust, in all actions involving a
2-16 charitable trust, and in all actions involving a testamentary
2-17 trust, whether the matter is appertaining to or incident to an
2-18 estate;
2-19 (8) the pendent and ancillary jurisdiction necessary
2-20 to promote judicial efficiency and economy; and
2-21 (9) jurisdiction in all cases assigned, transferred,
2-22 or heard under Sections 74.054, 74.059, and 74.094, Government
2-23 Code.
2-24 (d) A county court at law does not have jurisdiction of:
2-25 (1) felony cases, except as otherwise provided by law;
2-26 (2) misdemeanors involving official misconduct unless
2-27 assigned under Sections 74.054 and 74.059, Government Code;
3-1 (3) contested elections; or
3-2 (4) family law cases.
3-3 (l) A county court at law does not have general supervisory
3-4 control over the commissioners court.
3-5 (m) A county court at law may not issue writs of habeas
3-6 corpus in felony cases.
3-7 (n) The district clerk serves as clerk of a county court at
3-8 law in cases in the concurrent jurisdiction of the county courts at
3-9 law and the district courts, and the county clerk serves as the
3-10 clerk in all other cases. The district clerk shall establish a
3-11 separate docket for each county court at law and charge the same
3-12 fees as are allowed in district court cases.
3-13 (o) If a jury trial is requested in a case that is in a
3-14 county court at law's jurisdiction, the jury shall be composed of
3-15 six members unless the constitution requires a 12-member jury.
3-16 Failure to object before a six-member jury is seated and sworn
3-17 constitutes a waiver of a 12-member jury.
3-18 (p) If any cause or proceeding is lodged with the district
3-19 clerk and the district clerk files, dockets, or assigns the cause
3-20 or proceeding in or to a county court at law and the county court
3-21 at law does not have subject matter jurisdiction over the cause or
3-22 proceeding, then the filing, docketing, or assignment of the cause
3-23 or proceeding in or to a county court at law is considered a
3-24 clerical error and that clerical error shall be corrected by a
3-25 judgment or order nunc pro tunc. The cause or proceeding is
3-26 considered filed, docketed, or assigned to the district court of
3-27 the local administrative judge in the first instance rather than to
4-1 a county court at law of Nueces County. The judge of a county
4-2 court at law of Nueces County who acts in the cause or proceeding
4-3 is considered assigned to the district court of the local
4-4 administrative judge for that purpose and has all the powers of the
4-5 judge of that district court under the assignment.
4-6 (q) The judges of the county courts at law of Nueces County
4-7 have the same judicial immunity as a district judge.
4-8 SECTION 2. This Act takes effect September 1, 1995.
4-9 SECTION 3. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.