March 13,1972

Honorable Joe Carroll, Jr. Opinion No.M-1097 County Attorney, Bell County Bell County Courthouse Re: Belton, Texas 76513 Jurisdiction of the County Court and Counts Court at Law ofBell County Dear Mr. Carroll: inion

Inyour recent letter you have requested the op of this department on three questions, as follows:

"1. IsArt. 1970a constitutional, and if so: "2. Does theBell County Court at Law have concurrent jurisdiction with theBell County District Courts when the amount In controversy exceeds $l,OOO.OO and does not exceed $5,000.00 exclusive of interest?



### “3

. Does theBell County Court have concurrent jurisdiction with theBell County District Courts when the amount of controversy exceeds $l,OOO.OO and does not exceed $5,000.00 exclusive of interest?" Essential to a reply toyour questions isrecognition of the fact that the County Court ofBell County isa constitutional court, provided for under Article V, Section 

### 15, of the Constitution ofTexas. The County Court at Law ofBell County, on the other hand, was created by theLegislature byArticle 1970-350, Vernon's Civil Statutes*, under authority ofArticle

*All references toArticles are toVernon's Civil Statutes.

-5353-Mr. Joe Carroll,Jr., page 2, (M-1097)

V, Section 1of the Constitution, and is therefore a statutory court only.

The answer toyour first question is in the affirmative. Article V, Section 1 of the Constitution, inaddition toproviding that theLegislature may establish such other courts as itmay deem necessary, also provides that the Legislature may Of .'I "prescribe the jurisdiction and organization thereJordan v.Crudgington, 149Tex. 237, 231 S.W.2d 

### 641 (1950). In answer toyour second question, the Bell County Court at Law pursuant toArticle 1970a, has concurrent jurisdiction with thedistrict court in civil cases, wherein the subject matter in controversy iswithin the constitutional jurisdiction of the county court, and wherein the amount in controversy exceeds in value $500 but does not exceed $5,000, exclusive of interest.

The County Court at Law is a statutory court, and thus clearly comes under theprovisions ofArticle 1970a, which was enacted by the 62nd Legislature, Regular Session, 1971, effective June 15, 1971, and reads as follows:

"All county courts at law, county civil courts, and other statutory courts exercising civil jurisdiction corresponding to the ccnstitutlonal jurisdiction of the county court in civil cases shall have jurisdiction concurrent with that of the district court when thematter in controversy shall exceed invalue Five Hundred Dollars ($500) and shall not exceed Five Thousand Dollars ($5,000) exclusive of interest." The answer to your third question is in the negative. The County Court ofBell County isa constitutional court and does not come under the provisions ofArticle 1970a. Its jurisdiction isgoverned by Article V, Section 16 of the Constitution, and inno event has the Co~urtjurisdiction In a civil case wherein the amount in conrroversy exceeds $1,000, exclusive of interest. SUMMA R‘Y ------- Article 197Oa, Vernon's Civil Statutes, enacted by the 62nd Legislature, Regular Sessicn,

-5354-! -- -

Mr. Joe Carroll, Jr., page 

### 3, (M-1097)

1971, is constitutional. Under Article 1970a the County Court at Law ofBell County exercises concurrent jurisdiction with thedistrict courts in civil cases, where the subject matter in controversy iswithin the constitutional jurisdiction of the county court, and where the amount in controversy exceeds in value $500 but does not exceed $5,000, exclusive of interest. Article 1970a does not apply to the County Court ofBell County, and its jurisdiction is fixed byArticle V, Section 

### 16 of theConstitution, not to extend to a civil case Inwhich the amount in controversy exceeds $1,000, exclusive of interest.
., /7 / ,/' Vep trulyyours, 

# gg&D$??s

. Attorney General ofTexas Prepared by James S. Swearingen' Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Melvin E. Corley Kenneth Nordquist Roger Tyler Robert Lemens SAMUEL D.MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLAWHITE First Assistant -5355-