OFFICE OF THE ATTORNEY GENERAL . STATE OF TEXAS 

JOHN CORNYN 

March 14,200l 

The Honorable Homer0 Ramirez 

Webb County Attorney 

P.O. Box 420268 

Laredo, Texas 78042-0268 

Opinion No. JC-0356 

Re: Whether the 406th District Court of Webb 

County has criminal jurisdiction (RQ-0299-JC) 

Dear Mr. Ramirez: 

You ask whether the 406th District Court of Webb County has criminal jurisdiction. We 

conclude that it does. 

House Bill 400, enacted in 1999 in part as section 24.5 5 1 of the Government Code,’ creates 

the 406th District Court of Webb County: 

(a) The 406th Judicial District is composed of Webb County. 

(b) The 406th District Court shall give preference to cases involving 

family violence, cases under the Family Code, and cases under the 

Health and Safety Code. 

TEX. GOV’T CODE ANN. 8 24.551 (Vernon Supp. 2001). In the same bill, subsection (f) of section 

24.15 1 of the Government Code was also amended.2 Section 24.15 1 now reads, in full: 

(a) The 49th Judicial District is composed of Webb and Zapata 

Counties. 

(b) In addition to other jurisdiction provided by law, the 49th District 

Court has the civil and criminal jurisdiction of a county court. 

(c) The 49th District Court has concurrent jurisdiction with the other 

district courts in Webb County. 

‘See Act of May 30, 1999,76thLeg., R.S., ch. 1337, 0 15, 1999 Tex. Gen. Laws, 4547,455O. 

2See id. 3 17. 
The Honorable Homer0 Ramirez - Page 2 (JC-0356) 

(d) Indictments returned to the 49th District Court in Webb County 

may also be returned to any other court in Webb County with the 

appropriate criminal jurisdiction. 

(e) The terms of the 49th District Court begin: 

(1) in Webb County on the first Mondays in January, 

April, June, September, and November; and 

(2) in Zapata County on the first Mondays in March 

and August. 

(f) In Webb County, the clerk of the district courts shall file all civil 

cases, except tax suits, on the Clerk’s Civil File Docket and shall 

number the cases consecutively. All tax suits shall be assigned and 

docketed in the 49th District Court. All cases involving family 

violence, all cases under the Family Code, and all cases under the 

Health and Safety Code shall be assigned and docketed in the 406th 

District Court. All other civil cases shall be assigned and docketed 

at random by the district clerk. The clerk shall keep a separate file 

docket, known as the Clerk’s Criminal File Docket, for criminal cases 

and a separate file docket, known as the Clerk’s Tax Suit Docket, for 

tax suits. The clerk shall number the cases on the Clerk’s Tax Suit 

Docket consecutively with a separate series of numbers and shall 

number the cases on the Clerk’s Criminal File Docket consecutively 

with a separate series of numbers. 

Id. 5 24.15 1. The background portion of the bill analysis to House Bill 400 states: 

State district courts are the state’s primary trial courts. They 

exercise original jurisdiction over felony criminal prosecutions, suits 

for divorce, suits over title to land, election contests, defamation suits, 

and civil suits with an amount in controversy of at least $200. 

District courts hear contested matters involved in probate cases and 

have general supervisory control over commissioners courts. In 

addition, district courts have general original jurisdiction over all 

causes of action for which a remedy or jurisdiction is not provided by 

law or by the state constitution, and they have power to issue all writs 

necessary to enforce their jurisdiction. 

HOUSE RESEARCH ORGANIZATION, BILL ANALYSIS, Tex. H.B. 400,76th Leg., R.S. (1999). 
The Honorable Homer0 Ramirez - Page 3 (JC-0356) 

You suggest that it is unclear whether the 406th District Court has criminal jurisdiction.3 

You base this uncertainty on the following factors: (1) section 24.55 1 does not specifically confer 

criminal jurisdiction on the court; (2) the court is instructed to “give preference to” certain kinds of 

cases, see TEX. GOV’T CODE ANN. 0 24.55 1 (Vernon Supp. 2001); (3) subsection 24.15 l(d) states 

that “[i]ndictments returned to the 49th District Court . . . may also be returned to any other court 

in Webb County with the appropriate criminal jurisdiction,” id. 8 24.15 1 (d); and (4) subsection (b) 

of section 24.15 1 provides that “the 49th District Court has the civil and criminal jurisdiction of a 

county court.” Id. 6 24.15 1 (b). S ee also Request Letter, note 3, at 4-5. 

Section 8 of article V of the Texas Constitution provides, in relevant part: 

District Court jurisdiction consists of exclusive, appellate, and 

original jurisdiction of all actions, proceedings, and remedies, except 

in cases where exclusive, appellate, or original jurisdiction may be 

conferred by this Constitution or other law on some other court, 

tribunal, or administrative body. District Court judges shall have the 

power to issue writs necessary to enforce their jurisdiction. 

TEX. CONST. art. V, 5 8. The legislature has implemented this provision by enacting article 4.05 of 

the Code of Criminal Procedure, which states: 

District courts and criminal district courts shall have original 

jurisdiction in criminal cases of the grade of felony, of all 

misdemeanors involving official misconduct, and of misdemeanor 

cases transferred to the district court under Article 4.17 of this code. 

TEX. CODE GRIM. PROC. ANN. art. 4.05 (Vernon Supp. 2001). This statute confers “exclusive 

jurisdiction over all causes of action not explicitly reserved to other courts,” and that ‘3urisdiction 

includes criminal actions.” Exparte Cantu, 913 S.W.2d 701,704 (Tex. App.-San Antonio 1995, 

pet. ref d). Sections 24.15 1 and 24.55 1 are not in conflict with article 4.05 of the Code of Criminal 

Procedure. Rather, as the bill analysis to House Bill 400 recognizes, the latter provision supplements 

the former by making clear that the 406th District Court has criminal jurisdiction. 

The presence of article 4.05 thus means that it is unnecessary for the legislature to declare, 

when it creates a district court, that such court has criminal jurisdiction, unless the enabling statute 

or some other law restricts its jurisdiction. Because, in the words of Cantu, exclusive criminal 

jurisdiction in Webb County has not been “explicitly reserved,’ to courts other than the 406th District 

Court, it follows that the 406th District Court has criminal jurisdiction. 

3See Letter from Honorable Homer0 Ramirez, Webb County Attorney, to Honorable John Comyn, Texas 

Attorney General (Oct. 11,200O) (on file with Opinion Committee) [hereinafter Request Letter]. 
The Honorable Homer0 Ramirez - Page 4 (JC-0356) 

We will briefly address your other concerns. Subsection 24.55 l(b) does not negate the 

criminal jurisdiction of the 406th District Court. It merely requires that court to “give preference 

to” certain kinds of cases. See TEX. GOV’T CODE ANN. 8 24.551(b) (Vernon Supp. 2001). 

Subsection (f) of section 24.151 implements this directive by requiring the Webb County district 

clerk to assign those cases to the 406th District Court. See id. 0 24.15 1 (f). Giving preference to one 

category of cases does not mean that other categories are excluded. Consequently, the 406th District 

Court has the standard jurisdiction of a district court, in both civil and criminal matters, provided for 

in article V, section 8, of the Texas Constitution and the implementing legislation enacted 

thereunder. See TEX. CONST. art. V, 5 8; TEX. GOV’T CODE ANN. $5 24.151, .551 (Vernon Sup. 

2001). 

Neither does the declaration in subsection (b) of section 24.15 1, that “the 49th District Court 

has the civil and criminal jurisdiction of a county court,” mean that other district courts in Webb and 

Zapata Counties lack the criminal jurisdiction of a district court. Finally, subsection (d) of section 

24.151 does not deny the 406th District Court’s criminal jurisdiction. It holds merely that 

indictments returned to the 49th District Court “may also be returned to any other court in Webb 

County with the appropriate criminal jurisdiction.” S~~TEX.GOV’TCODEANN.§~~.~~~(~)(V~~~~ 

Supp. 2001). In our opinion, the use of the phrase “appropriate criminal jurisdiction” is intended 

simply to buttress subsection (b)‘s extension of county court criminal jurisdiction to the 49th District 

Court. See id. 8 24.15 l(b), (d). 

We conclude that the 406th District Court of Webb County has criminal jurisdiction. 
The Honorable Homer0 Ramirez - Page 5 (JC-0356) 

SUMMARY 

The 406th District Court of Webb County has criminal 

jurisdiction. 

Attorney General of Texas 

ANDY TAYLOR 

First Assistant Attorney General 

CLARK KENT ERM-N 

Deputy Attorney General - General Counsel 

SUSAN D. GUSKY 

Chair, Opinion Committee 

Rick Gilpin 

Assistant Attorney General - Opinion Committee