86R13288 YDB-F
By: Nevárez H.B. No. 4633
A BILL TO BE ENTITLED
AN ACT
relating to the County Court at Law of Reeves County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.1972, Government Code, is amended by
amending Subsections (a), (e), (g), and (i) and adding Subsections
(b), (c), (f), and (h) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, and except as limited by Subsection (c), a
county court at law in Reeves County has:
(1) the jurisdiction provided by the constitution and
by general law for district courts, including concurrent
jurisdiction with the district court:
(A) in disputes ancillary to probate, eminent
domain, condemnation, or landlord and tenant matters relating to
the adjudication and determination of land titles and trusts,
whether testamentary, inter vivos, constructive, resulting, or any
other class or type of trust, regardless of the amount in
controversy or the remedy sought;
(B) over civil forfeitures, including surety
bond forfeitures without minimum or maximum limitation as to the
amount in controversy or remedy sought;
(C) in all actions by or against a personal
representative, in all actions involving an inter vivos trust, in
all actions involving a charitable trust, and in all actions
involving a testamentary trust, whether the matter is appertaining
to or incident to an estate;
(D) in proceedings under Title 3, Family Code;
and
(E) in any proceeding involving an order relating
to a child in the possession or custody of the Department of Family
and Protective Services or for whom the court has appointed a
temporary or permanent managing conservator;
(2) jurisdiction in mental health matters, original or
appellate, provided by law for constitutional county courts,
statutory county courts, or district courts with mental health
jurisdiction, including proceedings under:
(A) Chapter 462, Health and Safety Code; and
(B) Subtitles C and D, Title 7, Health and Safety
Code;
(3) jurisdiction over the collection and management of
estates of minors, persons with a mental illness or intellectual
disability, and deceased persons; and
(4) jurisdiction in all cases assigned, transferred,
or heard under Sections 74.054, 74.059, and 74.094.
(b) A county court at law has original concurrent
jurisdiction with the justice courts in all civil and criminal
matters prescribed by law for justice courts. Appeals from justice
courts and other courts of inferior jurisdiction in Reeves County
must be made directly to a county court at law.
(c) A county court at law does not have jurisdiction of:
(1) felony cases, except as otherwise provided by law;
(2) misdemeanors involving official misconduct unless
assigned under Sections 74.054 and 74.059;
(3) contested elections; or
(4) except as provided by Subsections (a)(1)(D) and
(E), family law cases [and proceedings].
(e) A [The] judge of a county court at law in Reeves County
shall be paid an annual salary equal to the amount that is $1,000
less than [that does not exceed 90 percent of] the [total] salary
paid by the state to a district judge in the county. The salary
shall be paid in the same manner and from the same fund as
prescribed by law for the county judge [out of the county treasury
on order of the commissioners court. The judge is entitled to
travel expenses and necessary office expenses, including
administrative and clerical assistance].
(f) A county court at law may not issue writs of habeas
corpus in felony cases.
(g) The district clerk serves as clerk of a county court at
law in the [family law] cases described by Subsection (a). The
district clerk shall establish a separate docket for each county
court at law. In matters of concurrent jurisdiction with the
district court, the district clerk shall charge the same fees as are
allowed in district court cases, except that in cases described by
Subsections (a)(1)(A) and (2) and in misdemeanor cases other than
those involving official misconduct, the clerk may not charge
higher fees than the fees charged by county clerks for similar cases
[and proceedings, and the county clerk serves as clerk of the court
in all other matters].
(h) If a jury trial is requested in a case that is in a
county court at law's jurisdiction, the jury shall be composed of 6
members unless the constitution requires a 12-member jury. Failure
to object before a 6-member jury is seated and sworn constitutes a
waiver of a 12-member jury.
(i) If any cause or proceeding is lodged with the district
clerk and the district clerk files, dockets, or assigns the cause or
proceeding in or to a county court at law that does not have subject
matter jurisdiction over the cause or proceeding, the filing,
docketing, or assignment of the cause or proceeding in or to a
county court at law is considered a clerical error. That clerical
error must be corrected by a judgment or order nunc pro tunc. The
cause or proceeding is considered filed, docketed, or assigned to
the district court of the local administrative judge in the first
instance rather than to the county court at law. The judge of a
county court at law who acts in the cause or proceeding is
considered assigned to the district court of the local
administrative judge for that purpose and has all the powers of the
judge of that district court under the assignment [Practice in a
county court at law is that prescribed by law for county courts,
except that practice and procedure, rules of evidence, issuance of
process and writs, and all other matters pertaining to the conduct
of trials and hearings involving family law cases and proceedings
are governed by this section and the laws and rules pertaining to
district courts. If a family law case is tried before a jury, the
jury shall be composed of 12 members].
SECTION 2. Section 25.1972(k), Government Code, is
repealed.
SECTION 3. This Act takes effect September 1, 2019.