76R12907 JMC-D
By Luna, Seaman, Capelo H.B. No. 3780
Substitute the following for H.B. No. 3780:
By Capelo C.S.H.B. No. 3780
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.