By Garcia H.B. No. 2134
75R5241 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of certain justice of the peace
1-3 courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 27.031, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 27.031. JURISDICTION. (a) Except as provided by
1-8 Subsection (b), in [In] addition to the jurisdiction and powers
1-9 provided by the constitution and other law, the justice court has
1-10 original jurisdiction of:
1-11 (1) civil matters in which exclusive jurisdiction is
1-12 not in the district or county court and in which the amount in
1-13 controversy is not more than $5,000, exclusive of interest;
1-14 (2) cases of forcible entry and detainer; and
1-15 (3) foreclosure of mortgages and enforcement of liens
1-16 on personal property in cases in which the amount in controversy is
1-17 otherwise within the justice court's jurisdiction.
1-18 (b) In addition to the jurisdiction and powers provided by
1-19 the constitution and other law, a justice court in Dallas County
1-20 has original jurisdiction of:
1-21 (1) civil matters in which exclusive jurisdiction is
1-22 not in the district or county court and in which the amount in
1-23 controversy is not more than $10,000, exclusive of interest;
1-24 (2) cases of forcible entry and detainer; and
2-1 (3) foreclosure of mortgages and enforcement of liens
2-2 on personal property in cases in which the amount in controversy is
2-3 otherwise within the justice court's jurisdiction.
2-4 (c) A justice court does not have jurisdiction of:
2-5 (1) a suit in behalf of the state to recover a
2-6 penalty, forfeiture, or escheat;
2-7 (2) a suit for divorce;
2-8 (3) a suit to recover damages for slander or
2-9 defamation of character;
2-10 (4) a suit for trial of title to land; or
2-11 (5) a suit for the enforcement of a lien on land.
2-12 SECTION 2. Section 28.003, Government Code, is amended to
2-13 read as follows:
2-14 Sec. 28.003. JURISDICTION. (a) Except as provided by
2-15 Subsection (b), the [The] small claims court has concurrent
2-16 jurisdiction with the justice court in actions by any person for
2-17 the recovery of money in which the amount involved, exclusive of
2-18 costs, does not exceed $5,000.
2-19 (b) The small claims courts in Dallas County have concurrent
2-20 jurisdiction with the justice court in actions by any person for
2-21 the recovery of money in which the amount involved, exclusive of
2-22 costs, does not exceed $10,000.
2-23 (c) An action may not be brought in small claims court by:
2-24 (1) an assignee of the claim or other person seeking
2-25 to bring an action on an assigned claim;
2-26 (2) a person primarily engaged in the business of
2-27 lending money at interest; or
3-1 (3) a collection agency or collection agent.
3-2 (d) [(c)] A person may be represented by an attorney in
3-3 small claims court.
3-4 (e) [(d)] This section does not prevent a legal heir from
3-5 bringing an action on a claim or account otherwise within the
3-6 jurisdiction of the court.
3-7 (f) [(e)] A corporation need not be represented by an
3-8 attorney in small claims court.
3-9 SECTION 3. Section 36.102(b), Water Code, is amended to read
3-10 as follows:
3-11 (b) The board may set reasonable civil penalties for breach
3-12 of any rule of the district that shall not exceed the jurisdiction
3-13 of a justice court as provided by Section 27.031(a) [27.031],
3-14 Government Code.
3-15 SECTION 4. Section 49.004(a), Water Code, is amended to read
3-16 as follows:
3-17 (a) The board may set reasonable civil penalties for the
3-18 breach of any rule of the district that shall not exceed the
3-19 jurisdiction of a justice court as provided by Section 27.031(a)
3-20 [27.031], Government Code.
3-21 SECTION 5. This Act takes effect January 1, 1998, but only
3-22 if the constitutional amendment proposed by the 75th Legislature,
3-23 Regular Session, 1997, relating to allowing the legislature to
3-24 increase the jurisdiction of the justice of the peace courts of
3-25 Dallas County, is approved by the voters. If that amendment is not
3-26 approved by the voters, this Act has no effect.
3-27 SECTION 6. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.