1-1 By: Wentworth S.B. No. 1150
1-2 (In the Senate - Filed March 10, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 8, 1999, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; April 8, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to statutory county court jurisdiction with respect to
1-9 matters over which a statutory probate court has jurisdiction.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivision (2), Section 21.009, Government Code,
1-12 is amended to read as follows:
1-13 (2) "Statutory county court" means a county court
1-14 created by the legislature under Article V, Section 1, of the Texas
1-15 Constitution, including county courts at law, county criminal
1-16 courts, county criminal courts of appeals, and county civil courts
1-17 at law, but does not include statutory probate courts as defined by
1-18 Section 3, Texas Probate Code[, other than a county court at law
1-19 and probate court in Brazoria County].
1-20 SECTION 2. Section 25.0003, Government Code, is amended by
1-21 adding Subsection (f) to read as follows:
1-22 (f) A statutory county court does not have the jurisdiction
1-23 of a statutory probate court granted statutory probate courts by
1-24 the Texas Probate Code.
1-25 SECTION 3. Subsection (a), Section 25.1802, Government Code,
1-26 is amended to read as follows:
1-27 (a) In addition to the jurisdiction provided by Section
1-28 25.0003 and other law, and except as limited by Subsection (d), a
1-29 county court at law in Nueces County has:
1-30 (1) the jurisdiction provided by the constitution and
1-31 by general law for district courts;
1-32 (2) [the general jurisdiction provided by Section
1-33 25.0021 for a statutory probate court and the jurisdiction and
1-34 authority of a probate court or a statutory probate court under
1-35 Sections 4, 5, 5A, and 5B, Texas Probate Code;]
1-36 [(3)] concurrent jurisdiction with the district court
1-37 in disputes ancillary to probate, eminent domain, condemnation, or
1-38 landlord and tenant matters relating to the adjudication and
1-39 determination of land titles and trusts, whether testamentary,
1-40 inter vivos, constructive, resulting, or any other class or type of
1-41 trust, regardless of the amount in controversy or the remedy
1-42 sought;
1-43 (3) [(4)] concurrent jurisdiction with the district
1-44 court over civil forfeitures, including surety bond forfeitures
1-45 without minimum or maximum limitation as to the amount in
1-46 controversy or remedy sought;
1-47 (4) [(5)] jurisdiction in mental health matters,
1-48 original or appellate, provided by law for constitutional county
1-49 courts, statutory county courts, [statutory probate courts,] or
1-50 district courts with mental health jurisdiction, including
1-51 proceedings under:
1-52 (A) Subtitle C, Title 7, Health and Safety Code;
1-53 (B) Chapter 462, Health and Safety Code; and
1-54 (C) Subtitle D, Title 7, Health and Safety Code;
1-55 (5) [(6)] jurisdiction over the collection and
1-56 management of estates of minors, mentally disabled persons, and
1-57 deceased persons;
1-58 (6) [(7)] concurrent jurisdiction with the district
1-59 court in all actions by or against a personal representative, in
1-60 all actions involving an inter vivos trust, in all actions
1-61 involving a charitable trust, and in all actions involving a
1-62 testamentary trust, whether the matter is appertaining to or
1-63 incident to an estate;
1-64 [(8) the pendent and ancillary jurisdiction necessary
2-1 to promote judicial efficiency and economy;] and
2-2 (7) [(9)] jurisdiction in all cases assigned,
2-3 transferred, or heard under Sections 74.054, 74.059, and 74.094,
2-4 Government Code.
2-5 SECTION 4. This Act takes effect September 1, 1999.
2-6 * * * * *