By: Phillips (Senate Sponsor - Deuell) H.B. No. 2232
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on
Jurisprudence; May 23, 2009, reported favorably by the following
vote: Yeas 5, Nays 0; May 23, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a county court at law in Fannin County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 25, Government Code, is
amended by adding Sections 25.0761 and 25.0762 to read as follows:
Sec. 25.0761. FANNIN COUNTY. Fannin County has one
statutory county court, the County Court at Law of Fannin County.
Sec. 25.0762. FANNIN COUNTY COURT AT LAW PROVISIONS. (a)
In addition to the jurisdiction provided by Section 25.0003 and
other law and except as provided by Subsection (b), a county court
at law in Fannin County has concurrent jurisdiction with the
district court in:
(1) family law cases and proceedings, including
proceedings under Chapter 262, Family Code; and
(2) proceedings under Title 3, Family Code.
(b) A county court at law does not have jurisdiction of
proceedings under:
(1) Section 262.201, Family Code; or
(2) Section 54.03 or 54.04, Family Code.
(c) A county court at law shall transfer a family law case or
proceeding instituted under Chapter 262, Family Code, from that
court to the district court before a hearing governed by Section
262.201, Family Code, is commenced. A case or proceeding
transferred as required by this subsection shall be completed under
the same cause number and in the same manner as if the case or
proceeding were originally filed in the district court. The
district court may not transfer the case or proceeding back to the
county court at law, except as provided by Section 262.203(a),
Family Code.
(d) A county court at law shall transfer a juvenile case or
proceeding instituted under Title 3, Family Code, from that court
to another court designated as a juvenile court under Section
51.04, Family Code, before a hearing governed by Section 54.03,
Family Code, is commenced. A case or proceeding transferred as
required by this subsection shall be completed under the same cause
number and in the same manner as if the case or proceeding were
originally filed in the juvenile court. The juvenile court may not
transfer the case or proceeding back to the county court at law.
SECTION 2. The County Court at Law of Fannin County is
created September 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.
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