Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Garcia                                       H.B. No. 2727

                                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 a county with a

1-20     population of 1.8 million or more 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 a county with a population of

2-20     1.8 million or more have concurrent jurisdiction with the justice

2-21     court in actions by any person for the recovery of money in which

2-22     the amount involved, exclusive of 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

2-28                 (3)  a collection agency or collection agent.

2-29           (d) [(c)]  A person may be represented by an attorney in

2-30     small claims court.

 3-1           (e) [(d)]  This section does not prevent a legal heir from

 3-2     bringing an action on a claim or account otherwise within the

 3-3     jurisdiction of the court.

 3-4           (f) [(e)]  A corporation need not be represented by an

 3-5     attorney in small claims court.

 3-6           SECTION 3.  Section 36.102(b), Water Code, is amended to read

 3-7     as follows:

 3-8           (b)  The board may set reasonable civil penalties for breach

 3-9     of any rule of the district that shall not exceed the jurisdiction

3-10     of a justice court as provided by Section 27.031(a) [27.031],

3-11     Government Code.

3-12           SECTION 4.  Section 49.004(a), Water Code, is amended to read

3-13     as follows:

3-14           (a)  The board may set reasonable civil penalties for the

3-15     breach of any rule of the district that shall not exceed the

3-16     jurisdiction of a justice court as provided by Section 27.031(a)

3-17     [27.031], Government Code.

3-18           SECTION 5.  The importance of this legislation and the

3-19     crowded condition of the calendars in both houses create an

3-20     emergency and an imperative public necessity that the

3-21     constitutional rule requiring bills to be read on three several

3-22     days in each house be suspended, and this rule is hereby suspended.