Bill Text: TX HB4633 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the County Court at Law of Reeves County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-05-08 - Received from the House [HB4633 Detail]
Download: Texas-2019-HB4633-Introduced.html
86R13288 YDB-F | ||
By: Nevárez | H.B. No. 4633 |
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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 [ |
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(e) A [ |
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shall be paid an annual salary equal to the amount that is $1,000 | ||
less than [ |
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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 [ |
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(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 [ |
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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 | ||
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(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 [ |
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SECTION 2. Section 25.1972(k), Government Code, is | ||
repealed. | ||
SECTION 3. This Act takes effect September 1, 2019. |