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 of Bell County 

Dear Mr. Carroll: 

In your recent letter you have requested the op inion 

of this department on three questions, as follows: 

"1 . Is Art. 1970a constitutional, and if so: 

"2. Does the Bell County Court at Law have 

concurrent jurisdiction with the Bell 

County District Courts when the amount 

In controversy exceeds $l,OOO.OO and 

does not exceed $5,000.00 exclusive of 

interest? 

“3 . Does the Bell County Court have concurrent jurisdiction with the Bell 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 to your questions is recognition 

of the fact that the County Court of Bell County is a constitutional court, provided for under Article V, Section 15, of the 

Constitution of Texas. The County Court at Law of Bell County, 

on the other hand, was created by the Legislature by Article 

1970-350, Vernon's Civil Statutes*, under authority of Article 

* All references to Articles are to Vernon's Civil Statutes. 

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

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

court only. 

The answer to your first question is in the affirmative. Article V, Section 1 of the Constitution, in addition 

to providing that the Legislature may establish such other 

courts as it may deem necessary, also provides that the Legislature may 

Of .'I 

"prescribe the jurisdiction and organization thereJordan v. Crudgington, 149 Tex. 237, 231 S.W.2d 641 (1950). 

In answer to your second question, the Bell County 

Court at Law pursuant to Article 1970a, has concurrent jurisdiction with the district court in civil cases, wherein the 

subject matter in controversy is within 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 the provisions of Article 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 the matter 

in controversy shall exceed in value 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 of Bell County is a constitutional court and 

does not come under the provisions of Article 1970a. Its 

jurisdiction is governed by Article V, Section 16 of the Constitution, and in no event has the Co~urt jurisdiction 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 of Bell County exercises concurrent jurisdiction with the district courts in civil cases, 

where the subject matter in controversy is within 

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 of Bell County, and its jurisdiction is 

fixed by Article V, Section 16 of the Constitution, not to extend to a civil case In which the 

amount in controversy exceeds $1,000, exclusive 

of interest. 

., /7 

/ ,/' 

Vep truly yours, 

gg&D$??s 

. 

Attorney General of Texas 

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 

NOLA WHITE 

First Assistant 

-5355-