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.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.