TEZE A-RNEY GENERAL 

OF TEXAS 

September 28, 1967 

Honorable Ogden Bass 

Criminal District Attorney 

Brazoria County 

Angleton, Texas 

Dear Mr. Bass: 

Opinion No. 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 

jurisdiction of the Domestia 

Relations Court of Brazoria 

County. 

In your request for an opinion from this office you 

state the fallowing: 

"The Brazoria County Court of Domestic Relations was established by Chapter 307, Acts of 

the 59th Legislature, Regular Session, 1965, 

codified as 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 jurisdiction of 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 

jurisdiction of other specified courts of domestic relations. 

'Our county is engaged in an extensive 

right-of-way acquisition program. 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. 

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Honorable Ogden Bass, page 2 (M-137) 

It appears that some of the titles to rlghtof-way purchased by the county for county 

roads will have to be cleared by 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 share with three other counties. Our 

domestic relations court judge is concerned 

about his jurisdiction to try such cases and 

would appreciate having your opinion in this 

matter prior to entertaining or refusing to 

entertain jurisdiction. 

"Therefore, in your opinion, has the jurisdiction of the Domestic Relations Court of 

Brazoria County been enlarged by House Bill 266 

to include general jurisdiction of 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 of mandamus, 

habeas corpus and injunction in cases other than 

those between spouses, or between parents, or 

between them, or one of them, and their minor 

children, or between any of these and third 

persons, corporations, trustees or other legal 

entities?" 

Section 17 of said House Bill 266 amends Section 3 of 

sald Article 2338-19, in part, concerning the jurisdiction of said 

court as follows: 

"Section 3. The Court of Domestic Relations 

for Brazoria County shall have the jurisdiction 

concurrent with 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 shall have 

power to issue writs of habeas corpus, mandamus, 

injunction, and all,,writs necessary to enforce 

their jurisdiction. 

The Legislature has the authority to create new court6 

and may iegally authorize a domestic relations court to exercise 

some of the general jurisdiction of 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 Legislature by enacting Section 

17 of House Bill 266 intended to and did enlarge the jurisdiction of the Brazoria County Court of Domestic Relations, so as 

to include the general jurisdiction of 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 

thereof were granted power to issue writs 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 Domestic Relations 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 thereof were granted the power to 

issue writs of habeas corpus, mandamus, injunction, and all writs necessary to enforce their 

jurisdiction. 

truly yours, 

Prepared by Jack Sparks 

Assistant Attorney 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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