By Luna, Seaman, Capelo                               H.B. No. 3780
         76R12907 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of a county court at law in Nueces County
 1-3     and to the probate jurisdiction of the county courts at law in
 1-4     Nueces County.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 25.1801, Government Code, is amended by
 1-7     amending Subsection (a) and adding Subsection (c) to read as
 1-8     follows:
 1-9           (a)  Nueces County has the following statutory county courts:
1-10                 (1)  County Court at Law No. 1 of Nueces County;
1-11                 (2)  County Court at Law No. 2 of Nueces County;
1-12                 (3)  County Court at Law No. 3 of Nueces County; [and]
1-13                 (4)  County Court at Law No. 4 of Nueces County; and
1-14                 (5)  County Court at Law No. 5 of Nueces County.
1-15           (c)  The County Court at Law No. 5 of Nueces County shall
1-16     give preference to:
1-17                 (1)  any proceeding involving an order relating to a
1-18     child in the possession or custody of the Department of Protective
1-19     and Regulatory Services;
1-20                 (2)  proceedings under Title 3, Family Code; and
1-21                 (3)  mental health matters over which the court has
1-22     jurisdiction under Section 25.1802(a)(4).
1-23           SECTION 2.  Section 25.1802, Government Code, is amended by
1-24     amending Subsections (a), (d), (e), (g), (i), and (n) and adding
 2-1     Subsection (r) to read as follows:
 2-2           (a)  In addition to the jurisdiction provided by Section
 2-3     25.0003 and other law, and except as limited by Subsection (d), a
 2-4     county court at law in Nueces County has:
 2-5                 (1)  the jurisdiction provided by the constitution and
 2-6     by general law for district courts;
 2-7                 (2)  [the general jurisdiction provided by Section
 2-8     25.0021 for a statutory probate court and the jurisdiction and
 2-9     authority of a probate court or a statutory probate court under
2-10     Sections 4, 5, 5A, and 5B, Texas Probate Code;]
2-11                 [(3)]  concurrent jurisdiction with the district court
2-12     in disputes ancillary to probate, eminent domain, condemnation, or
2-13     landlord and tenant matters relating to the adjudication and
2-14     determination of land titles and trusts, whether testamentary,
2-15     inter vivos, constructive, resulting, or any other class or type of
2-16     trust, regardless of the amount in controversy or the remedy
2-17     sought;
2-18                 (3) [(4)]  concurrent jurisdiction with the district
2-19     court over civil forfeitures, including surety bond forfeitures
2-20     without minimum or maximum limitation as to the amount in
2-21     controversy or remedy sought;
2-22                 (4) [(5)]  jurisdiction in mental health matters,
2-23     original or appellate, provided by law for constitutional county
2-24     courts, statutory county courts, statutory probate courts, or
2-25     district courts with mental health jurisdiction, including
2-26     proceedings under:
2-27                       (A)  Subtitle C, Title 7, Health and Safety Code;
 3-1                       (B)  Chapter 462, Health and Safety Code; and
 3-2                       (C)  Subtitle D, Title 7, Health and Safety Code;
 3-3                 (5) [(6)]  jurisdiction over the collection and
 3-4     management of estates of minors, mentally disabled persons, and
 3-5     deceased persons;
 3-6                 (6) [(7)]  concurrent jurisdiction with the district
 3-7     court in all actions by or against a personal representative, in
 3-8     all actions involving an inter vivos trust, in all actions
 3-9     involving a charitable trust, and in all actions involving a
3-10     testamentary trust, whether the matter is appertaining to or
3-11     incident to an estate;
3-12                 (7) [(8)]  the pendent and ancillary jurisdiction
3-13     necessary to promote judicial efficiency and economy; and
3-14                 (8) [(9)]  jurisdiction in all cases assigned,
3-15     transferred, or heard under Sections 74.054, 74.059, and 74.094,
3-16     Government Code.
3-17           (d)  A county court at law does not have jurisdiction of:
3-18                 (1)  felony cases, except as otherwise provided by law;
3-19                 (2)  misdemeanors involving official misconduct unless
3-20     assigned under Sections 74.054 and 74.059, Government Code;
3-21                 (3)  contested elections; or
3-22                 (4)  except as provided by Subsection (r), family law
3-23     cases.
3-24           (e)  The judge of County Court at Law No. 1, 2, or 3 of
3-25     Nueces County may be paid, and the judge of County Court at Law No.
3-26     4 or 5 of Nueces County shall be paid, an annual salary equal to
3-27     the amount that is $1,000 less than the salary paid by the state to
 4-1     a district judge in the county.  The salaries shall be paid in the
 4-2     same manner and from the same fund as prescribed by law for the
 4-3     county judge.
 4-4           (g)  If the regular judge of County Court at Law No. 4 or 5
 4-5     of Nueces County is absent or disqualified from presiding, a
 4-6     special judge may be appointed by the commissioners court.  The
 4-7     person appointed must be recommended by the regular judge or, if
 4-8     the judge is unable to recommend a person, by the board of
 4-9     directors of the Nueces County Bar Association.  A special judge is
4-10     entitled to the same rate of compensation as the regular judge.  A
4-11     special judge has all the powers, duties, and immunities of the
4-12     regular judge.
4-13           (i)  The commissioners court may employ as many deputy
4-14     sheriffs and bailiffs as are necessary to serve the County Courts
4-15     at Law Nos. 3, [and] 4, and 5 of Nueces County.
4-16           (n)  The district clerk serves as clerk of a county court at
4-17     law in cases enumerated in Subsection (a). The district clerk shall
4-18     establish a separate docket for each county court at law.  In
4-19     matters of concurrent jurisdiction with the district court, the
4-20     district clerk shall charge the same fees as are allowed in
4-21     district court cases, except that in cases enumerated in
4-22     Subsections (a)(2)[, (a)(3),] and (a)(4) [(a)(5),] and in
4-23     misdemeanor cases other than those involving official misconduct,
4-24     the clerk may not charge higher fees than the fees charged by
4-25     county clerks for similar cases.
4-26           (r)  In addition to the jurisdiction provided by this section
4-27     for statutory county courts of Nueces County, the County Court at
 5-1     Law No. 5 of Nueces County has jurisdiction of:
 5-2                 (1)  proceedings under Title 3, Family Code; and
 5-3                 (2)  any proceeding involving an order relating to a
 5-4     child in the possession or custody of the Department of Protective
 5-5     and Regulatory Services.
 5-6           SECTION 3.  Section 152.1841(a),  Human Resources Code, is
 5-7     amended to read as follows:
 5-8           (a)  The juvenile board of Nueces County is composed of the
 5-9     county judge, [and] the district judges in Nueces County, and the
5-10     judge of the County Court at Law No. 5 of Nueces County.
5-11           SECTION 4.  County Court at Law No. 5 of Nueces County,
5-12     Texas, is created and this Act takes effect September 1, 1999.
5-13           SECTION 5.  (a)  The local administrative district judge
5-14     shall transfer any case described by Section 25.1801(c), Government
5-15     Code, as added by this Act, that is pending in a district court in
5-16     Nueces County on the effective date of this Act to the County Court
5-17     at Law No. 5 of Nueces County.
5-18           (b)  When a case is transferred from one court to another as
5-19     provided by Subsection (a) of this section, all processes, writs,
5-20     bonds, recognizances, or other obligations issued from the
5-21     transferring court are returnable to the court to which the case is
5-22     transferred as if originally issued by that court.  The obligee in
5-23     all bonds and recognizances taken in and for a court from which a
5-24     case is transferred, and all witnesses summoned to appear in a
5-25     court from which a case is transferred, are required to appear
5-26     before the court to which a case is transferred as if originally
5-27     required to appear before the court to which the transfer is made.
 6-1           SECTION 6.  The importance of this legislation and the
 6-2     crowded condition of the calendars in both houses create an
 6-3     emergency and an imperative public necessity that the
 6-4     constitutional rule requiring bills to be read on three several
 6-5     days in each house be suspended, and this rule is hereby suspended.