Texas 2019 - 86th Regular

Texas House Bill HB4633 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13288 YDB-F
2	2	By: Nevárez H.B. No. 4633
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the County Court at Law of Reeves County.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 25.1972, Government Code, is amended by
10	10	amending Subsections (a), (e), (g), and (i) and adding Subsections
11	11	(b), (c), (f), and (h) to read as follows:
12	12	(a) In addition to the jurisdiction provided by Section
13	13	25.0003 and other law, and except as limited by Subsection (c), a
14	14	county court at law in Reeves County has:
15	15	(1) the jurisdiction provided by the constitution and
16	16	by general law for district courts, including concurrent
17	17	jurisdiction with the district court:
18	18	(A) in disputes ancillary to probate, eminent
19	19	domain, condemnation, or landlord and tenant matters relating to
20	20	the adjudication and determination of land titles and trusts,
21	21	whether testamentary, inter vivos, constructive, resulting, or any
22	22	other class or type of trust, regardless of the amount in
23	23	controversy or the remedy sought;
24	24	(B) over civil forfeitures, including surety
25	25	bond forfeitures without minimum or maximum limitation as to the
26	26	amount in controversy or remedy sought;
27	27	(C) in all actions by or against a personal
28	28	representative, in all actions involving an inter vivos trust, in
29	29	all actions involving a charitable trust, and in all actions
30	30	involving a testamentary trust, whether the matter is appertaining
31	31	to or incident to an estate;
32	32	(D) in proceedings under Title 3, Family Code;
33	33	and
34	34	(E) in any proceeding involving an order relating
35	35	to a child in the possession or custody of the Department of Family
36	36	and Protective Services or for whom the court has appointed a
37	37	temporary or permanent managing conservator;
38	38	(2) jurisdiction in mental health matters, original or
39	39	appellate, provided by law for constitutional county courts,
40	40	statutory county courts, or district courts with mental health
41	41	jurisdiction, including proceedings under:
42	42	(A) Chapter 462, Health and Safety Code; and
43	43	(B) Subtitles C and D, Title 7, Health and Safety
44	44	Code;
45	45	(3) jurisdiction over the collection and management of
46	46	estates of minors, persons with a mental illness or intellectual
47	47	disability, and deceased persons; and
48	48	(4) jurisdiction in all cases assigned, transferred,
49	49	or heard under Sections 74.054, 74.059, and 74.094.
50	50	(b) A county court at law has original concurrent
51	51	jurisdiction with the justice courts in all civil and criminal
52	52	matters prescribed by law for justice courts. Appeals from justice
53	53	courts and other courts of inferior jurisdiction in Reeves County
54	54	must be made directly to a county court at law.
55	55	(c) A county court at law does not have jurisdiction of:
56	56	(1) felony cases, except as otherwise provided by law;
57	57	(2) misdemeanors involving official misconduct unless
58	58	assigned under Sections 74.054 and 74.059;
59	59	(3) contested elections; or
60	60	(4) except as provided by Subsections (a)(1)(D) and
61	61	(E), family law cases [and proceedings].
62	62	(e) A [The] judge of a county court at law in Reeves County
63	63	shall be paid an annual salary equal to the amount that is $1,000
64	64	less than [that does not exceed 90 percent of] the [total] salary
65	65	paid by the state to a district judge in the county. The salary
66	66	shall be paid in the same manner and from the same fund as
67	67	prescribed by law for the county judge [out of the county treasury
68	68	on order of the commissioners court. The judge is entitled to
69	69	travel expenses and necessary office expenses, including
70	70	administrative and clerical assistance].
71	71	(f) A county court at law may not issue writs of habeas
72	72	corpus in felony cases.
73	73	(g) The district clerk serves as clerk of a county court at
74	74	law in the [family law] cases described by Subsection (a). The
75	75	district clerk shall establish a separate docket for each county
76	76	court at law. In matters of concurrent jurisdiction with the
77	77	district court, the district clerk shall charge the same fees as are
78	78	allowed in district court cases, except that in cases described by
79	79	Subsections (a)(1)(A) and (2) and in misdemeanor cases other than
80	80	those involving official misconduct, the clerk may not charge
81	81	higher fees than the fees charged by county clerks for similar cases
82	82	[and proceedings, and the county clerk serves as clerk of the court
83	83	in all other matters].
84	84	(h) If a jury trial is requested in a case that is in a
85	85	county court at law's jurisdiction, the jury shall be composed of 6
86	86	members unless the constitution requires a 12-member jury. Failure
87	87	to object before a 6-member jury is seated and sworn constitutes a
88	88	waiver of a 12-member jury.
89	89	(i) If any cause or proceeding is lodged with the district
90	90	clerk and the district clerk files, dockets, or assigns the cause or
91	91	proceeding in or to a county court at law that does not have subject
92	92	matter jurisdiction over the cause or proceeding, the filing,
93	93	docketing, or assignment of the cause or proceeding in or to a
94	94	county court at law is considered a clerical error. That clerical
95	95	error must be corrected by a judgment or order nunc pro tunc. The
96	96	cause or proceeding is considered filed, docketed, or assigned to
97	97	the district court of the local administrative judge in the first
98	98	instance rather than to the county court at law. The judge of a
99	99	county court at law who acts in the cause or proceeding is
100	100	considered assigned to the district court of the local
101	101	administrative judge for that purpose and has all the powers of the
102	102	judge of that district court under the assignment [Practice in a
103	103	county court at law is that prescribed by law for county courts,
104	104	except that practice and procedure, rules of evidence, issuance of
105	105	process and writs, and all other matters pertaining to the conduct
106	106	of trials and hearings involving family law cases and proceedings
107	107	are governed by this section and the laws and rules pertaining to
108	108	district courts. If a family law case is tried before a jury, the
109	109	jury shall be composed of 12 members].
110	110	SECTION 2. Section 25.1972(k), Government Code, is
111	111	repealed.
112	112	SECTION 3. This Act takes effect September 1, 2019.