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.
3-13 * * * * *