Bill Text: TX SB1940 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the operation and administration of and practice and procedure related to proceedings in the judicial branch of state government.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-01 - Referred to Jurisprudence [SB1940 Detail]

Download: Texas-2021-SB1940-Introduced.html

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By: Gutierrez S.B. No. 1940

A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practice and
procedure related to proceedings in the judicial branch of state
government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.1572, Government Code, is amended by
amending Subsections (a), (d), and (i) and adding Subsections (b)
and (e) to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, and except as limited by Subsection (b), a
county court at law in McLennan County has concurrent jurisdiction
with the district court in:
(1) [third degree] felony cases [and jurisdiction] to:
(A) conduct arraignments;
(B) [,] conduct pretrial hearings;
(C) [,] accept guilty pleas; [,] and
(D) conduct jury trials on assignment of a
district judge presiding in McLennan County and acceptance of the
assignment by the judge of the county court at law;
(2) Class A and Class B misdemeanor cases;
(3) probate matters;
(4) 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; and
(5) appeals from the justice and municipal courts
[probation revocation hearings in felony cases].
(b) A county court at law does not have jurisdiction in:
(1) suits on behalf of the state to recover penalties
or escheated property;
(2) felony cases involving capital murder;
(3) misdemeanors involving official misconduct; or
(4) contested elections.
(d) A judge of a county court at law shall be paid a total
[an] annual salary set by the commissioners court in an amount that
is not less than $1,000 less than the annual base salary received by
a district judge with equivalent years of service as a judge [of not
more than $20,000]. A county court at law judge's salary and a
district judge's annual base salary do not include contributions
and supplements paid by the county [Each judge receives the same
amount as salary. The salary shall be paid out of the county
treasury by the commissioners court].
(e) The district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court,
and the county clerk serves as clerk of a county court at law in all
other matters. Each clerk shall establish a separate docket for a
county court at law.
(i) The official court reporter of a county court at law is
entitled to receive a salary set by the judge of the county court at
law with the approval of the commissioners court [the same
compensation and to be paid in the same manner as the court
reporters of the district courts in McLennan County].
SECTION 2. Sections 25.1972(a) and (b), Government Code,
are amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, and except as limited by general law and
Subsection (b), a county court at law in Reeves County has:
(1) concurrent jurisdiction with the district court in
all civil matters including:
(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 family law cases and proceedings [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 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; or
(3) contested elections[; or
[(4) except as provided by Subsections (a)(1)(D) and
(E), family law cases].
SECTION 3. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0241 to read as follows:
Art. 45.0241. ACCEPTANCE OF DEFENDANT'S PLEA. A justice or
judge may not accept a plea of guilty or plea of nolo contendere
unless it appears to the justice or judge that the defendant is
mentally competent and the plea is free and voluntary.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.