### TEZE A-RNEY GENERAL
OF TEXAS

September 28, 1967

Honorable Ogden Bass Criminal DistrictAttorney Brazoria County Angleton, Texas

Dear Mr. Bass: OpinionNo. M-137

Re: Construction of Section 17 of House Bill 

### 266,Aats of the 60th Legislature,R.S., 1967, Chapter

### 565,amending Section 3 of Article 2338-19, in reference to the enlargement of the jurisdictionof the Domestia Relations Court of Brazoria County.

In your request for an opinion from this officeyou state the fallowing:

"TheBrazoria County Court of Domestic Relationswas establishedby Chapter 307,Acts of the 59th Legislature,Regular Session, 1965, codifiedas Article 233849, Revised Civil Statutes of Texas (1925). Section 17 of House Bill 266 purports to amend Article 2338-19, supra, by adding certain language to Section 3 thereof. Section 3 sets forth the jurisdictionof the Domestic Relations Court which Is conaurrent with the District and County Courts of Brazorla County, Texas, In certain classes of cases. Identical language is contalned In other sections of the bill purporting to effect changes in the jurisdictionof other specified courts of domestic relations.

'Our county is engaged in an extensive right-of-way acquisitionprogram. My office represents the county in the necessary condemnation suits,many of which are tried by the judge of our domestic relations court pursuant to Sections 7 and 8 of Article 2338-19, supra.



### -635-Honorable Ogden Bass, page 2 

### (M-137)

It appears that some of the titles to rlghtof-waypurchasedby the county for county roads will have to be clearedby tresspass to try title actions. It would be advantageous to us to have the resident domestic relations court judge try these cases rather than having to try these actions in the district courts which we sharewith three other counties. Our domestic relations court judge is concerned about his jurisdictionto try such cases and would appreciatehaving your opinion in this matter prior to entertaining or refusing to entertain jurisdiction.
"Therefore, in your opinion,has the jurisdiction of the DomesticRelations Court of Brazoria County been enlargedby House Bill 

### 266 to includegeneral jurisdictionof suits for trial of title to land, for the enforcement of liens thereon, for trial of the right of property and the Issuance of writs ofmandamus, habeas corpus and injunction in cases other than those between spouses, or betweenparents, or between them, or one of them, and theirminor children, or between any of these and third persons, corporations,trustees or other legal entities?"
Section 

### 17of saidHouse Bill 

### 266amends Section 

### 3 of saldArticle 2338-19, in part, concerning the jurisdictionof said court as follows:

"Section

### 3. The Court of DomesticRelations for Brazoria County shallhave the jurisdiction concurrentwith the District Courts in Brazoria County

. . . of all suits for trial of title to land and for the enforcement of liens thereon, of all suits for trial of the right of property, and said Court and the Judges thereof shallhave power to issuewrits of habeas corpus,mandamus, injunction,and all,,writs necessary to enforce their jurisdiction.

The Legislaturehas the authority to create new court6 and may iegally authorize a domestic relations court to exercise
some of the general jurisdictionof a District Court. Jordan v.

- 

### 636 -..

Hon. Ogden Bass, page 3 (M-137)

Crudgington, 149 Tex. 237, 231 S.W.2d 

### 641 (1950).

It Is clear that the Legislatureby enacting Section 17 of House Bill 

### 266 intended to and did enlarge the jurisdiction of the Brazoria County Court of DomesticRelations, so as to include the general jurisdictionof suits for trial of title to land, for the enforcement of liens thereon, of all suits for trial of the right of property, and said court and the judges thereofwere granted power to issuewrits of habeas corpus3 mandamus, injunction,and all writs necessary to enforce their jurisdiction.

SUMMARY

Section 17 of House Bill 

### 266,Acts of the 60th Legislature, Regular Session, 

### 1967,Chapter 

### 565,amended Section 

### 3 of Article 

### 2338-19,Vernon's Civil Statutes, so as to confer jurisdiction upon the DomesticRelations Court of Brazoria. County to try suits for trial of title to land, for the enforcement of liens thereon, for trial of the right of property, and said court and the judges thereofwere granted the power to issuewrits of habeas corpus,mandamus, injunction, and all writs necessary to enforce their jurisdiction.
truly yours,

Prepared by Jack Sparks AssistantAttorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman W. V. Geppert, Co-Chairman Paul Martin Bill Allen Ben Harrison

A. J. CARUBBI, JR. Staff Legal Assistant C. MARTIN orney General of Texas

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