Texas Senate Bill SB1638

Texas 2021 - 87th Regular

Caption

Relating to the jurisdiction of justice courts.

Impact

The implications of this bill are significant for the operation of justice courts across the state. By broadening the scope of cases that can be filed in these courts, it could lead to an increased caseload for justice courts, which are often viewed as more accessible for individuals seeking resolution for relatively minor disputes. The introduction of jurisdiction surrounding fraudulent conveyances also indicates a legislative intent to bolster protections for creditors and promote fairness in property transactions, aligning with broader economic and legal standards expected within the state.

Summary

SB1638 aims to modify the jurisdiction of justice courts in Texas, expanding their original jurisdiction specifically in civil matters. Under this bill, justice courts would have the authority to handle cases where the amount in controversy does not exceed $20,000, which excludes interest. Additionally, it includes jurisdiction over cases related to forcible entry and detainer, foreclosure of mortgages, and enforcement of liens on personal property, as long as the amount involved falls within their jurisdiction. Notably, the bill introduces new jurisdiction concerning offenses related to fraudulent conveyance of interests in real property.

Contention

While the bill has clear advantages in terms of accessibility and streamlined processes for small civil matters, it may also generate contention regarding the adequacy of resources in justice courts to handle the anticipated increase in cases. Critics may argue that this expansion could overwhelm the current system, potentially leading to longer wait times for cases to be resolved. Furthermore, stakeholders may have different opinions on how effectively these courts can administer justice in more complex matters, such as those involving potential fraud, raising concerns about the proper training and expertise of justices in these areas.