### TEE ATTORNEY GENERAL OF TEXAS
March 8, 1988

Honorable Fred G.Rodriguez Opinion No. JM-870 Criminal District Attorney Bexar County Courthouse Re:. Jurisdiction of the SanAntonio, Texas 78205 statutory probate courts of Bexar County to adjudicate cases under the Mental Health Code, in light of recent amendments to former article 1970-301e.2, V.T.C.S. (RQ-1248) Dear **Mr.** Rodriguez:
You ask: 1. Whether amendments to Title 41of the Texas Civil Statutes, relating to County courts, the Texas Government Code and the Texas Mental Health Code, effective September 1, 1987, have divested the statutory probate courts of Bexar county, Texas of jurisdicti,ontohear and adjudicate proceedings brought pursuant to the Texas Mental Health Code. 2. Ifthe statutory probate courts of Bexar County, Texas, do have jurisdiction overmental health proceedings, whether such courts have been divested of statutory authority todocket suchproceedings.
You give as the reason forconcern about the courts' jurisdiction the repeal ofarticle 1970-301e.2, V.T.C.S., Acts 1987, 70th Leg., ch. 148, 54.02(a), at 1389, effective September 1, 1987. Section 18(a) of the repealed statute provided in pertinent part:

The Probate Court No. 1of Bexar County and the Probate Court No. 2of Bexar County have

P. 4216Honorable Fred G.Rodriguez -Page 2 (JM-870)

general jurisdiction, concurrent with the jurisdiction of the county court, to hear and determine all actions, cases, matters, orproceedings instituted under:

(1)The Texas Mental Health Code (Article 5547-1, et seq.,Vernon's Texas Civil Statutes)[.] Acts 1983, 68th Leg., ch. 355, 918(a), at 1922.
You state that aquestion has arisen as to whether Probate Court No. 1of Bexar County and Probate Court No. 2of Bexar County have jurisdiction tohear and adjudicate proceedings brought pursuant to article 5547, V.T.C.S. The Texas Legislative Council's Revisor's Note on chapter 25, subchapter Bof the Government Code, at page 68,makes the following comment relative to the repeal of section 18(a) by the 70th Legislature:

The revised lawomits Section 18(a) of Article 1970-3Ole.2 relating to additional jurisdiction of a statutory probate court because the provisions are unnecessary. Article 5547-10, Texas Mental Health Code, provides that acourt having probate jurisdiction has jurisdiction over matters contained in..the Texas Mental Health Code. . . . Article 5547-10, V.T.C.S. provides: The term 'county court' is.used in this code [mental health] to mean the 'probate court' or the court having probate jurisdiction, and the term 'county judge' means the judge of such court. The county court shall be open at all times for proceedings under this code. Article 5547-40, V.T.C.S. states: Aproceeding pursuant to this subchapter [Proceedings forcourt-ordered mental health services] shall beheld inthe statutory or constitutional court of the county exercising the jurisdiction of aprobate court in mental illnessmatters.

Pa 4217Honorable Fred G.Rodriguez -Page 3 (~~-870)

InParsons v. State, 677 S.W.2d 786, 789 (Tex.App. - SanAntonio 1984, nowrit) the court rejected appellant's point of error that the probate court waswithout jurisdiction tohear acase inwhich appellant was adjudged to be mentally ill. The court held: "Jurisdiction is expressly conferred by article 5547-40." Section 25.0171 of theGovernment Code, effective September 1, 1987, provides inrelevant part:

(b)Bexar County has the following statutory probate courts: (1)Probate Court No. 1of Bexar County, Texas; and (2)Probate Court No. 2of Bexar County, Texas. Section 25.0021 of theGovernment Code, effective September 1, 1987, addresses the matter of the jurisdiction of a statutory probate court as follows:

A statutory probate court as that term is defined in.Section 3(ii), Texas Probate Code, has the general jurisdiction ofaprobate court asprovided by the Texas Probate Code. . Section 5(c) of the Probate Code provides in pertinent part, as follows:

(c)Inthose counties where there is a statutory probate court, county court at law, orother statutory court exercising the jurisdiction of aprobate court, all applications, petitions and motions regarding probate, administrations, guardianships, limited guardianships, and mental illness matters shall be filed andheard in such courts and the constitutional county court, rather than in thedistrict courts, unless otherwise provided by the legislature, and the judges of such courts may hear any of suchmatters sitting for the judge of any such courts. (Emphasisadded.) Statutory Probate Courts of Bexar County have jurisdiction to hear and adjudicate proceedings brought pursuant to theMental Health Code.

P. 4218Honorable Fred G.Rodriguez -Page 4 (JR-870)

,

Inyour second question you state that aquestion has been raised as to the authority of the statutory probate courts of Bexar County to docket mental health proceedings. Aswas the case inthe first question, the basis for such position appears tobe the repeal of article 1970-301e.2 by the 70th Legislature. Section 18(b) of the statute before the effective date of itsrepeal provided as follows:

(b)Allmatters forwhich the courts have jurisdiction under Subsection (a) of this section filedwith the county clerk, regardless of the court or judge to which the matter orproceeding isaddressed, shall be filedby the clerk alternately in Probate Court No. 1 of Bexar County and Probate Court No. 2of Bexar County. Every oddnumbered case shall be filedwith Probate Court No. 1of Bexar County and every evennumbered case shall be filedwith Probate Court No. 2of Bexar County, but the judges of the statutory probate courts and the county judge may determine another manner for filing cases. The clerk shall keep a separate docket foreach court. &g Acts 1983, 68th Leg., ch. 355, 518(b), at 1922. The Texas Legislative Council's Revisor's Note on chapter 25, subchapter Bof the Government Code, at page 67, states:

The revised lawomits language in Sections 17(b), 18 (b), and 19(b) of Article 1970-301e.2 because specific filing and docketing requirements were impliedly repealed by the Court Administration Act (Article 200a-1, Vernon's Texas Civil Statutes). Section 5.003(b)(l) of that Act requires the district and county court judges in each county to adopt rules providing for the assignment, docketing, transfer, andhearing of cases. The Court Administration Act isnow recodified inthe Government Code and the above provision relating to docketing of cases is found in section 74.093 of that code. Itprovides inpertinent part:

P. 4219Honorable Fred G.Rodriguez -Page 5 (JM-870)

(a)The district and statutory county court judges in each county shall, by majority votes, adopt **local rules**  of administration. (b)The rulesmust provide for: (1)assignment, docketing, transfer, andhearing of all cases, subject to jurisdictional limitations of the district courts and statutory county courts. Gov't Code 974.093. Thus, the district and statutory county court judges *lshallll adopt rules providing for the docketing ofmental health proceedings inthe statutory probate courts. The statutory probate courts ofBexar County have jurisdiction to hear and adjudicate proceedings brought pursuant to the Texas Mental Health Code. SUMMARY The statutory probate courts of Bexar County have jurisdiction tohear and adjudicate proceedings brought pursuant to the Texas Mental Health Code. The statutory probate courts of Bexar County have not been divested of statutory authority to docket cases. Very truly yo , 

# J A&

A JIM MATTOX Attorney General of Texas
MARY KELLER First Assistant Attorney General LOUMCCREARY Executive Assistant Attorney General JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General RICK GILPIN Chairman, Opinion Committee Prepared by Tom **G. Davis**  Assistant Attorney General

P- **4220**