Texas 2023 88th Regular

Texas Senate Bill SB2573 Introduced / Bill

Filed 03/22/2023

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                    88R6685 JTZ-F
 By: Nichols S.B. No. 2573


 A BILL TO BE ENTITLED
 AN ACT
 relating to the jurisdiction of the 411th District Court and of the
 County Court at Law of Polk County.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 24.553, Government Code, is amended by
 adding Subsection (c) to read as follows:
 (c)  The 411th District Court has concurrent jurisdiction in
 Polk County with the county court over all misdemeanor cases over
 which the county court has jurisdiction under the constitution and
 laws of this state. Cases in the concurrent misdemeanor
 jurisdiction may be filed in either court, and all cases of
 concurrent misdemeanor jurisdiction may be transferred between the
 411th District Court and the county court. A case may not be
 transferred from one court to another without the consent of the
 judge of the court to which it is transferred, and a case may not be
 transferred unless it is within the jurisdiction of the court to
 which it is transferred.
 SECTION 2.  Sections 25.1892(a) and (e), Government Code,
 are amended to read as follows:
 (a)  In addition to the jurisdiction provided by Section
 25.0003 and other law, a county court at law in Polk County has
 concurrent [civil] jurisdiction with the district court in:
 (1)  cases and proceedings involving the collection of
 delinquent taxes, penalties, interest, and costs and the
 foreclosure of tax liens; [and]
 (2)  family law cases and proceedings; and
 (3)  felony cases to conduct arraignments and pre-trial
 hearings and to accept guilty pleas.
 (e)  The district clerk serves as clerk of a county court at
 law in cases of concurrent jurisdiction with the district court
 [enumerated in Subsection (a)(2)], and the county clerk serves as
 clerk in all other cases. [The district clerk shall establish a
 separate docket for a county court at law.]
 SECTION 3.  The changes in law made by this Act apply only to
 a case filed or proceeding commenced on or after the effective date
 of this Act.  A case filed or proceeding commenced before the
 effective date of this Act is governed by the law in effect on the
 date the case was filed or the proceeding was commenced, and the
 former law is continued in effect for that purpose.
 SECTION 4.  This Act takes effect September 1, 2023.