By Solomons H.B. No. 1631
75R4672 SAW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to statutory county courts and statutory probate courts in
1-3 Denton County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.0631(c), Government Code, is amended
1-6 to read as follows:
1-7 (c) The statutory county courts of Denton County sit in the
1-8 county seat or at another location in the county as assigned by the
1-9 local administrative statutory county court judge. The statutory
1-10 probate court of Denton County sits in the county seat and may
1-11 conduct docket matters at other locations in the county as the
1-12 judge considers necessary to serve the best interest of the
1-13 parties, including to protect [for the protection of] wards or
1-14 mental health respondents.
1-15 SECTION 2. Section 25.0632(g), Government Code, is amended
1-16 to read as follows:
1-17 (g) Jurors regularly impaneled for the week by the district
1-18 courts of Denton County must include sufficient numbers to serve in
1-19 the statutory county courts and statutory probate courts as well as
1-20 the district courts. The jurors shall be made available by the
1-21 district judge as necessary. The jury in a statutory county court
1-22 or statutory probate court in all civil or criminal matters is
1-23 composed of 12 members, except that in misdemeanor criminal cases
1-24 and any other case in which the court has jurisdiction that under
2-1 general law would be concurrent with the constitutional county
2-2 court, the jury is composed of six members.
2-3 SECTION 3. Section 25.0635, Government Code, is amended by
2-4 amending Subsections (a) and (d) and by adding Subsection (e) to
2-5 read as follows:
2-6 (a) A statutory probate court in Denton County has the
2-7 jurisdiction provided by law for a county court and the civil
2-8 jurisdiction provided by the constitution and by law for a district
2-9 court, except that the court does not have the juvenile
2-10 jurisdiction, jurisdiction over misdemeanors under Section 26.045,
2-11 habeas corpus jurisdiction, or appellate criminal jurisdiction
2-12 provided by law for county courts. A statutory probate court has
2-13 no criminal jurisdiction other than the contempt powers provided by
2-14 general law for county courts.
2-15 (d) A statutory probate court has jurisdiction, regardless
2-16 of the amount in controversy or remedy sought, over eminent domain
2-17 cases as provided by Section 21.001, Property Code, for statutory
2-18 county courts; direct and inverse condemnation cases;
2-19 adjudication and determination of land titles, whether or not
2-20 ancillary to eminent domain proceedings; partition cases; suits
2-21 to quiet title; trespass to try title; lien foreclosures; and
2-22 adjudication of all freehold and leasehold interests, easements,
2-23 licenses, and boundaries of real property; with all ancillary or
2-24 pendent jurisdiction necessary for adjudication of an eminent
2-25 domain case as provided by Sections 21.002 and 21.003, Property
2-26 Code, or for adjudication of any land title dispute.
2-27 (e) The judge of the statutory probate court of Denton
3-1 County and a judge of a district court in Denton County may agree
3-2 to exchange benches and courtrooms and may transfer cases between
3-3 their dockets in the same manner that judges of district courts
3-4 exchange benches and transfer cases under Section 24.303.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.