1-1     By:  Luna, Seaman, Capelo (Senate Sponsor - Truan)    H.B. No. 3780
 1-2           (In the Senate - Received from the House May 3, 1999;
 1-3     May 3, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 14, 1999, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 4, Nays
 1-6     0; May 14, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 3780                   By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the creation of a county court at law in Nueces County
1-11     and to the probate jurisdiction of the county courts at law in
1-12     Nueces County.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 25.1801, Government Code, is amended by
1-15     amending Subsection (a) and adding Subsection (c) to read as
1-16     follows:
1-17           (a)  Nueces County has the following statutory county courts:
1-18                 (1)  County Court at Law No. 1 of Nueces County;
1-19                 (2)  County Court at Law No. 2 of Nueces County;
1-20                 (3)  County Court at Law No. 3 of Nueces County; [and]
1-21                 (4)  County Court at Law No. 4 of Nueces County; and
1-22                 (5)  County Court at Law No. 5 of Nueces County.
1-23           (c)  The County Court at Law No. 5 of Nueces County shall
1-24     give preference to:
1-25                 (1)  any proceeding involving an order relating to a
1-26     child in the possession or custody of the Department of Protective
1-27     and Regulatory Services;
1-28                 (2)  proceedings under Title 3, Family Code; and
1-29                 (3)  mental health matters over which the court has
1-30     jurisdiction under Section 25.1802(a)(4).
1-31           SECTION 2.  Section 25.1802, Government Code, is amended by
1-32     amending Subsections (a), (d), (e), (g), (i), and (n) and adding
1-33     Subsection (r) to read as follows:
1-34           (a)  In addition to the jurisdiction provided by Section
1-35     25.0003 and other law, and except as limited by Subsection (d), a
1-36     county court at law in Nueces County has:
1-37                 (1)  the jurisdiction provided by the constitution and
1-38     by general law for district courts;
1-39                 (2)  [the general jurisdiction provided by Section
1-40     25.0021 for a statutory probate court and the jurisdiction and
1-41     authority of a probate court or a statutory probate court under
1-42     Sections 4, 5, 5A, and 5B, Texas Probate Code;]
1-43                 [(3)]  concurrent jurisdiction with the district court
1-44     in disputes ancillary to probate, eminent domain, condemnation, or
1-45     landlord and tenant matters relating to the adjudication and
1-46     determination of land titles and trusts, whether testamentary,
1-47     inter vivos, constructive, resulting, or any other class or type of
1-48     trust, regardless of the amount in controversy or the remedy
1-49     sought;
1-50                 (3) [(4)]  concurrent jurisdiction with the district
1-51     court over civil forfeitures, including surety bond forfeitures
1-52     without minimum or maximum limitation as to the amount in
1-53     controversy or remedy sought;
1-54                 (4) [(5)]  jurisdiction in mental health matters,
1-55     original or appellate, provided by law for constitutional county
1-56     courts, statutory county courts, statutory probate courts, or
1-57     district courts with mental health jurisdiction, including
1-58     proceedings under:
1-59                       (A)  Subtitle C, Title 7, Health and Safety Code;
1-60                       (B)  Chapter 462, Health and Safety Code; and
1-61                       (C)  Subtitle D, Title 7, Health and Safety Code;
1-62                 (5) [(6)]  jurisdiction over the collection and
1-63     management of estates of minors, mentally disabled persons, and
1-64     deceased persons;
 2-1                 (6) [(7)]  concurrent jurisdiction with the district
 2-2     court in all actions by or against a personal representative, in
 2-3     all actions involving an inter vivos trust, in all actions
 2-4     involving a charitable trust, and in all actions involving a
 2-5     testamentary trust, whether the matter is appertaining to or
 2-6     incident to an estate;
 2-7                 (7) [(8)]  the pendent and ancillary jurisdiction
 2-8     necessary to promote judicial efficiency and economy; and
 2-9                 (8) [(9)]  jurisdiction in all cases assigned,
2-10     transferred, or heard under Sections 74.054, 74.059, and 74.094,
2-11     Government Code.
2-12           (d)  A county court at law does not have jurisdiction of:
2-13                 (1)  felony cases, except as otherwise provided by law;
2-14                 (2)  misdemeanors involving official misconduct unless
2-15     assigned under Sections 74.054 and 74.059, Government Code;
2-16                 (3)  contested elections; or
2-17                 (4)  except as provided by Subsection (r), family law
2-18     cases.
2-19           (e)  The judge of County Court at Law No. 1, 2, or 3 of
2-20     Nueces County may be paid, and the judge of County Court at Law No.
2-21     4 and the judge of County Court at Law No. 5 of Nueces County shall
2-22     each be paid, an annual salary equal to the amount that is $1,000
2-23     less than the salary paid by the state to a district judge in the
2-24     county.  The salaries shall be paid in the same manner and from the
2-25     same fund as prescribed by law for the county judge.
2-26           (g)  If the regular judge of County Court at Law No. 4 or 5
2-27     of Nueces County is absent or disqualified from presiding, a
2-28     special judge may be appointed by the commissioners court.  The
2-29     person appointed must be recommended by the regular judge or, if
2-30     the judge is unable to recommend a person, by the board of
2-31     directors of the Nueces County Bar Association.  A special judge is
2-32     entitled to the same rate of compensation as the regular judge.  A
2-33     special judge has all the powers, duties, and immunities of the
2-34     regular judge.
2-35           (i)  The commissioners court may employ as many deputy
2-36     sheriffs and bailiffs as are necessary to serve the County Courts
2-37     at Law Nos. 3, [and] 4, and 5 of Nueces County.
2-38           (n)  The district clerk serves as clerk of a county court at
2-39     law in cases enumerated in Subsection (a).  The district clerk
2-40     shall establish a separate docket for each county court at law.  In
2-41     matters of concurrent jurisdiction with the district court, the
2-42     district clerk shall charge the same fees as are allowed in
2-43     district court cases, except that in cases enumerated in
2-44     Subsections (a)(2)[, (a)(3),] and (a)(4) [(a)(5),] and in
2-45     misdemeanor cases other than those involving official misconduct,
2-46     the clerk may not charge higher fees than the fees charged by
2-47     county clerks for similar cases.
2-48           (r)  In addition to the jurisdiction provided by this section
2-49     for statutory county courts of Nueces County, the County Court at
2-50     Law No. 5 of Nueces County has jurisdiction of:
2-51                 (1)  proceedings under Title 3, Family Code; and
2-52                 (2)  any proceeding involving an order relating to a
2-53     child in the possession or custody of the Department of Protective
2-54     and Regulatory Services.
2-55           SECTION 3.  Section 152.1841(a),  Human Resources Code, is
2-56     amended to read as follows:
2-57           (a)  The juvenile board of Nueces County is composed of the
2-58     county judge, [and] the district judges in Nueces County, and the
2-59     judge of the County Court at Law No. 5 of Nueces County.
2-60           SECTION 4.  County Court at Law No. 5 of Nueces County,
2-61     Texas, is created and this Act takes effect September 1, 1999.
2-62           SECTION 5.  (a)  The local administrative district judge
2-63     shall transfer any case described by Section 25.1801(c), Government
2-64     Code, as added by this Act, that is pending in a district court in
2-65     Nueces County on the effective date of this Act to the County Court
2-66     at Law No. 5 of Nueces County.
2-67           (b)  When a case is transferred from one court to another as
2-68     provided by Subsection (a) of this section, all processes, writs,
2-69     bonds, recognizances, or other obligations issued from the
 3-1     transferring court are returnable to the court to which the case is
 3-2     transferred as if originally issued by that court.  The obligee in
 3-3     all bonds and recognizances taken in and for a court from which a
 3-4     case is transferred, and all witnesses summoned to appear in a
 3-5     court from which a case is transferred, are required to appear
 3-6     before the court to which a case is transferred as if originally
 3-7     required to appear before the court to which the transfer is made.
 3-8           SECTION 6.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended.
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