By Solomons                                     H.B. No. 2554

      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.