By: Wentworth S.B. No. 1150
A BILL TO BE ENTITLED
AN ACT
1-1 relating to statutory county court jurisdiction with respect to
1-2 matters over which a statutory probate court has jurisdiction.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (2), Section 21.009, Government Code,
1-5 is amended to read as follows:
1-6 (2) "Statutory county court" means a county court
1-7 created by the legislature under Article V, Section 1, of the Texas
1-8 Constitution, including county courts at law, county criminal
1-9 courts, county criminal courts of appeals, and county civil courts
1-10 at law, but does not include statutory probate courts as defined by
1-11 Section 3, Texas Probate Code[, other than a county court at law
1-12 and probate court in Brazoria County].
1-13 SECTION 2. Section 25.0003, Government Code, is amended by
1-14 adding Subsection (f) to read as follows:
1-15 (f) A statutory county court does not have the jurisdiction
1-16 of a statutory probate court granted statutory probate courts by
1-17 the Texas Probate Code.
1-18 SECTION 3. Subsection (a), Section 25.1802, Government Code,
1-19 is amended to read as follows:
1-20 (a) In addition to the jurisdiction provided by Section
1-21 25.0003 and other law, and except as limited by Subsection (d), a
1-22 county court at law in Nueces County has:
1-23 (1) the jurisdiction provided by the constitution and
1-24 by general law for district courts;
2-1 (2) [the general jurisdiction provided by Section
2-2 25.0021 for a statutory probate court and the jurisdiction and
2-3 authority of a probate court or a statutory probate court under
2-4 Sections 4, 5, 5A, and 5B, Texas Probate Code;]
2-5 [(3)] concurrent jurisdiction with the district court
2-6 in disputes ancillary to probate, eminent domain, condemnation, or
2-7 landlord and tenant matters relating to the adjudication and
2-8 determination of land titles and trusts, whether testamentary,
2-9 inter vivos, constructive, resulting, or any other class or type of
2-10 trust, regardless of the amount in controversy or the remedy
2-11 sought;
2-12 (3) [(4)] concurrent jurisdiction with the district
2-13 court over civil forfeitures, including surety bond forfeitures
2-14 without minimum or maximum limitation as to the amount in
2-15 controversy or remedy sought;
2-16 (4) [(5)] jurisdiction in mental health matters,
2-17 original or appellate, provided by law for constitutional county
2-18 courts, statutory county courts, [statutory probate courts,] or
2-19 district courts with mental health jurisdiction, including
2-20 proceedings under:
2-21 (A) Subtitle C, Title 7, Health and Safety Code;
2-22 (B) Chapter 462, Health and Safety Code; and
2-23 (C) Subtitle D, Title 7, Health and Safety Code;
2-24 (5) [(6)] jurisdiction over the collection and
2-25 management of estates of minors, mentally disabled persons, and
2-26 deceased persons;
3-1 (6) [(7)] concurrent jurisdiction with the district
3-2 court in all actions by or against a personal representative, in
3-3 all actions involving an inter vivos trust, in all actions
3-4 involving a charitable trust, and in all actions involving a
3-5 testamentary trust, whether the matter is appertaining to or
3-6 incident to an estate;
3-7 [(8) the pendent and ancillary jurisdiction necessary
3-8 to promote judicial efficiency and economy;] and
3-9 (7) [(9)] jurisdiction in all cases assigned,
3-10 transferred, or heard under Sections 74.054, 74.059, and 74.094,
3-11 Government Code.
3-12 SECTION 4. This Act takes effect September 1, 1999.