Texas 2021 - 87th Regular

Texas Senate Bill SB1940 Compare Versions

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

Old	New	Differences
1	1	By: Gutierrez S.B. No. 1940
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the operation and administration of and practice and
7	7	procedure related to proceedings in the judicial branch of state
8	8	government.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 25.1572, Government Code, is amended by
11	11	amending Subsections (a), (d), and (i) and adding Subsections (b)
12	12	and (e) to read as follows:
13	13	(a) In addition to the jurisdiction provided by Section
14	14	25.0003 and other law, and except as limited by Subsection (b), a
15	15	county court at law in McLennan County has concurrent jurisdiction
16	16	with the district court in:
17	17	(1) [third degree] felony cases [and jurisdiction] to:
18	18	(A) conduct arraignments;
19	19	(B) [,] conduct pretrial hearings;
20	20	(C) [,] accept guilty pleas; [,] and
21	21	(D) conduct jury trials on assignment of a
22	22	district judge presiding in McLennan County and acceptance of the
23	23	assignment by the judge of the county court at law;
24	24	(2) Class A and Class B misdemeanor cases;
25	25	(3) probate matters;
26	26	(4) disputes ancillary to probate, eminent domain,
27	27	condemnation, or landlord and tenant matters relating to the
28	28	adjudication and determination of land titles and trusts, whether
29	29	testamentary, inter vivos, constructive, resulting, or any other
30	30	class or type of trust, regardless of the amount in controversy or
31	31	the remedy sought; and
32	32	(5) appeals from the justice and municipal courts
33	33	[probation revocation hearings in felony cases].
34	34	(b) A county court at law does not have jurisdiction in:
35	35	(1) suits on behalf of the state to recover penalties
36	36	or escheated property;
37	37	(2) felony cases involving capital murder;
38	38	(3) misdemeanors involving official misconduct; or
39	39	(4) contested elections.
40	40	(d) A judge of a county court at law shall be paid a total
41	41	[an] annual salary set by the commissioners court in an amount that
42	42	is not less than $1,000 less than the annual base salary received by
43	43	a district judge with equivalent years of service as a judge [of not
44	44	more than $20,000]. A county court at law judge's salary and a
45	45	district judge's annual base salary do not include contributions
46	46	and supplements paid by the county [Each judge receives the same
47	47	amount as salary. The salary shall be paid out of the county
48	48	treasury by the commissioners court].
49	49	(e) The district clerk serves as clerk of a county court at
50	50	law in matters of concurrent jurisdiction with the district court,
51	51	and the county clerk serves as clerk of a county court at law in all
52	52	other matters. Each clerk shall establish a separate docket for a
53	53	county court at law.
54	54	(i) The official court reporter of a county court at law is
55	55	entitled to receive a salary set by the judge of the county court at
56	56	law with the approval of the commissioners court [the same
57	57	compensation and to be paid in the same manner as the court
58	58	reporters of the district courts in McLennan County].
59	59	SECTION 2. Sections 25.1972(a) and (b), Government Code,
60	60	are amended to read as follows:
61	61	(a) In addition to the jurisdiction provided by Section
62	62	25.0003 and other law, and except as limited by general law and
63	63	Subsection (b), a county court at law in Reeves County has:
64	64	(1) concurrent jurisdiction with the district court in
65	65	all civil matters including:
66	66	(A) in disputes ancillary to probate, eminent
67	67	domain, condemnation, or landlord and tenant matters relating to
68	68	the adjudication and determination of land titles and trusts,
69	69	whether testamentary, inter vivos, constructive, resulting, or any
70	70	other class or type of trust, regardless of the amount in
71	71	controversy or the remedy sought;
72	72	(B) over civil forfeitures, including surety
73	73	bond forfeitures without minimum or maximum limitation as to the
74	74	amount in controversy or remedy sought;
75	75	(C) in all actions by or against a personal
76	76	representative, in all actions involving an inter vivos trust, in
77	77	all actions involving a charitable trust, and in all actions
78	78	involving a testamentary trust, whether the matter is appertaining
79	79	to or incident to an estate;
80	80	(D) in proceedings under Title 3, Family Code;
81	81	and
82	82	(E) in family law cases and proceedings [any
83	83	proceeding involving an order relating to a child in the possession
84	84	or custody of the Department of Family and Protective Services or
85	85	for whom the court has appointed a temporary or permanent managing
86	86	conservator];
87	87	(2) jurisdiction in mental health matters, original or
88	88	appellate, provided by law for constitutional county courts,
89	89	statutory county courts, or district courts with mental health
90	90	jurisdiction, including proceedings under:
91	91	(A) Chapter 462, Health and Safety Code; and
92	92	(B) Subtitles C and D, Title 7, Health and Safety
93	93	Code;
94	94	(3) jurisdiction over the collection and management of
95	95	estates of minors, persons with a mental illness or intellectual
96	96	disability, and deceased persons; and
97	97	(4) jurisdiction in all cases assigned, transferred,
98	98	or heard under Sections 74.054, 74.059, and 74.094.
99	99	(b) A county court at law does not have jurisdiction of:
100	100	(1) felony cases, except as otherwise provided by law;
101	101	(2) misdemeanors involving official misconduct unless
102	102	assigned under Sections 74.054 and 74.059; or
103	103	(3) contested elections[; or
104	104	[(4) except as provided by Subsections (a)(1)(D) and
105	105	(E), family law cases].
106	106	SECTION 3. Subchapter B, Chapter 45, Code of Criminal
107	107	Procedure, is amended by adding Article 45.0241 to read as follows:
108	108	Art. 45.0241. ACCEPTANCE OF DEFENDANT'S PLEA. A justice or
109	109	judge may not accept a plea of guilty or plea of nolo contendere
110	110	unless it appears to the justice or judge that the defendant is
111	111	mentally competent and the plea is free and voluntary.
112	112	SECTION 4. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2021.