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.