THEA 

### ORNEY EWE
OF TEXAS

Honorable Henry C. Grover Chairman, Counties Committee House of Representatives Austin, Texas Opinion

### No. c-28

Dear Mr. Grover: Re: Constitutionality House Bill 450 of 58th Legislature.

quest, Of the

Your request for an opinionreads as follows:

"As Chairman for the Counties Committee, House Bill 450 by Cavness, Cain, Ritter and Foreman has come before me during this session.

"As I understand it, this is a bill to enlargethe jurisdiction of the present County Court at Law and create concurrent jurisdictionwith the County Court of Travis County in matters of eminent domain and probate.
"The questionwas raisedbefore this committee as to whether theremight be some constitutional llmltatlon In giving County Courts at Law these additional powers as outlined in this bill.
'%I11 you please'rule on this question so that we may act on this bill with an understanding of Its constitutionality."
The title of House Bill 450, attached with your rereads as follows:

"ANACT amending Chapter 136, Acts of the 47th Legislature,Regular Session,
as amendedby Chapter 166, Acts of the 51st Legislature,Regular Session,by creating a County Court at Law No. 1 of

-116-Hon. Henry C. Grover,page 2 

### (c-28)

Travis County, Texas, In lieu of the present County Court at Law of Travis County, Texas, providing for the appolntment, electlon,removal and salary of the' judge thereof, and making otherprovisions relative thereto, Including 'provisionsthat such County Court at LaW No. 1 shallhave the same jurisdictionas the present County CourteatLaw of Travis County,Texas, and in addition concurrent jurisdictionwith the County Court of Travis County..and any other numbered County Court at Law of Travis County,now orhereafter created, as to all matters of eminent domain and as to all probate matters as may be assigned to It by the County Judge of Travis County, conforming the jurisdiction of the County Court of Travis County thereto, providing that the County Court of Travis County shallhave and retain concurrent jurisdiction in all matters of probate and eminent domain;but not as to othermatters civil or criminal;providing a severabilityclause; and declaring an emergency."

An examination of the body of the Act reveals that it Is in conformitywith the title above quoted. Since House Bill 450 containsbut one subjectwhich is expressed in its title and the body of the bill 1s In conformitywith the title, it is our opinion that the provisions of Section 35 of Article III of the Constitutionof Texas have been compliedwith.

Section 1 o,f

ArticleV of the Constitution of Texas provides as follows:

"The judicialpower of this State shallbe vested in one Supreme Court, In Courts of CivilAppeals, in a Court of CriminalAppeals, In District Courts, in County Courts, In CommissionersCourts, In Courts of Justices of the Peace,and in such other courts as may be providedby law.
"The CriminalDistrict Court of Galvestonand Harris Counties shall continue with the district jurisdiction and organizationnow existingby law until otherwiseprovidedby law.

-117-Hon. Henry C. Grover,page 

### 3 (C-28)

"The Legislaturemay establish such other courts as it may deem necessary and prescribe the jurisdictionand organization thereof, and may conform the jurisdiction of the district and other Inferior courts thereto."

Since House Bill 450 is an Act "creatinga'~County Court at Law No. 1 of Travis County, Texas, in lieu of the present County Court at Law of Travis County, Texas'.and provides for its jurisdictionand organization, it Is an exercise of constitutionalpower granted the Legislature pursuant to Section 1 of ArticleV of the Constitution of Texas, above quoted. (Tex.Civ.App.1956). Sterrettv. Morgan, 294 S.W.2d 201

Section 

### 15 of ArticleV of the Constitution of Texas provides that there shallbe established In each county in this State a county court, and Section 

### 16 of ArticleV of the Constitutionprescribes the jurisdictionof the county court.
Section 22 of ArticleV of the Constitution reads as follows: of Texas

"The Legislature shallhave power by local or general law, to increase,diminish or change the civil and criminal jurisdiction of County Courts; and In cases of any such change of jurisdiction,the Legislature shall also conform the jurlsdlctlonof the other courts to such change."
Section 4 of House Bill 450 of the 58th Legislature provides:
"The County Judge of Travis County, in

his discretion,may from time to time,by order or orders enteredupon theminutes of the County Court of Travis County transfer to the County Court at Law No. 1 of Travis County or to any other numbered County Court at Law of Travis County, now or hereafter created, any such probatematter or proceeding then pending In the County Court of Travis County and all processes extant at the time of such transfer shallbe returned to and filed in the County Court at Law No. 1 of Travis County or any other numbered County Court ate

-1180Hon. Henry C. Grover,page 4 (C-28)

Law of Travis County,having jurisdiction thereof, now or hereafter created, and shall be as valid and binding as though originally issued out of said County Court at Law No. 1 of Travis County or anymothernumbered County Court at Law of Travis County, now or hereafter created. The County Court of Travis County shallhave and retain concurrentlywith the County Court at Law No. 1 of Travis County and any other numbered County Court at Law of Travis County, now or hereafter created, the general jurisdiction of a Probate Court and the jurlsdiction now conferred or which may be conferred by law overprobatematters."
Since county courtshave jurisdictionover probate 'proceedings,the question arises as to whether Section 4 of House Bill 450, quoted above, diminishes the county court's constitutional jurisdiction, in violation of the Constitution. It Is our opinion that it does not. This precise questionwas settled in Statev. McClelland, 148 Tex. 172. 224 S.W.2d 706 (1949).wherein the Sunreme Court of Texas-helda statute creating a Probate Court of Harris County and granting It jurisdictionconcurrentwith that of the County Court over probate ofwills, appointment of

&uardians and othermatters, to be constitutional. Section likewiseprovides that the County Court at Law No. 1 of Travis County shallhave concurrent jurisdictionwith the County Court of Travis County, and is, therefore, in our opinion, constitutional.

Since House Bill 

### 450 of the 58th Legislature Is an Act providing for the creation and organization of a county court at law and conforms its jurisdiction to other courts In Travis Counts.vou are advised that House Bill 450 is constltutional.V~

Sterrettv. Morgan, 294 S.W.2d 201-(Tex. Clv.App. Statev. McClelland, 148 Tex. 372, 224 S.W. 26 

### 706A 

### 1956);

1949); 3ordan v. Crudglngton, 149 Tex. 237, 231 S.W.2d 41 (1950'); Lordv. Clayton, 718 (1961);Ex parte Towles, 4U 

### Ex.-413 County v. Stewart, 91 Tex. 

### '133, 41 S.W.

SUMMARY

House Bill 

### 450 of the 8th Legislature, creating a County Cou at Law No. 1 ofHon. Henry C. Grover,page 5 (C-28)

Travis County,Texas, in lieu of the present County Court at Law of Travis County, Texas, is constitutional.

Yours very truly,

WAGGONER CARR Attorney General of Texas

JR:ms
APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman

J. C. Davis James N. Stofer George Gray

APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone