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