E NEY GENE OF TEXAS

May 5, 1953

Hon. David Moore Criminal DistrictAttorney 124th Judicial District Longview,Texas Opinion No. S-37

Dear Sir: YOU

"1: entirety, "2. entirety, “3

. May the Co~unty Court of Gregg County sit as a JuvenileCourt? Re: Const,itutionality of ,Ho,use Bill 93,.

Acts 5lst Legislature,Regular Session, 1949, chapter 368, page 702 and Ho'use

Bill 196, Acts 52nd Legislature,Regular Session, 1951, chapter 156, page 270, relative to the e~stablishment of juvenile courts. have a,sked

us the followingquestions: Is the 1951 act void in its void as to portion, or valid? Is the 1949 act void in its void as to portion, or valid?

"4.Does the 124th District Court have jurisdictionas ,such(asdistinguished from a JuvenileCo,urt)to try dependent and neglected child, adoption, support, and custody caseswhen such Court has not yet been designated as a JuvenileCourt and where the County Co,urtIs acting as Juvenile Court by designationof the 'Judges?" You have informed,us that Gregg County has two district co,urts and a juvenileboard. It was held in Rochelle v. State, 89Tex. Grim. 592, 232 S.W. 838 (1921)that a criminal district co,urtis a district co,urt within the meaning of the Constitution.Hon. David Moore, page 2 (S-37)

In light of the above decisionwe do not believe that the variancebetween the caption and body of Ho,use Bill 196, Acts 52nd Legislature,R.S., 1951, chapter 156, page 270, that is, the caption refers to district courtswhile the body refers to criminal district courts, as well as districtWurts, contravenes Section 35, Article II,1 of the Constitution of Texas. In our opinion the entire act is valid.

It is not nece,ssary to pass on the constitutionality of House Bill 93, Acts 51s.t Legislature,R.S., 1949, chapter 368, page 702, since it has been repealed.

House Bill 196,Acts 52nd Legislature,R.S., 1951, chapter 156, page 270, states in part:

!!

. . . In co,unties havin two (2)or more~district co,urts or one (1

B or more district co~urts

and one (1) or more criminal district co.urts,

and having a ;tuvenile board, such board shall designate one (1)of such district courts or criminal district courts to be the juvenilecourt of such county. . .' Therefore, the county co,urt of Gregg County cannot sit as the juvenileco~urt.

In connectionwith the jurisdictionof the disktrict court of Gregg County, House Bill 196,Acts 52nd Legislat.ure,

R-S., 1951, chapter 156, page 271, states in part:: "In all co,unties having two (2)or more district courts . . . in addition to cases of j~uvenile delinquency,all new cases of dependency,neglect, support, child custody, and adoption, shallhenceforth be filed in the juvenile court of such counties; provided,however, that nothing herein contained shall prevent the transfer of such cases to other courtshaving jurisdiction thereof .underexisting laws." The above mentioned type of case must be filed in the JuvenileCourt of Gregg County. However, they may be transferred to the other district court as pro,vided above.Hon. David Moore, page 3 (S-37)

SUMMARY The variancebetween the caption and body of House Bill 196, Acts 52nd Legislature, 1951, one referring to district courts and the other referring to criminal district courts, is not material. The County Court of Gregg County cannot sit as the juvenile court. Certain types of casesmust be filed originally in the JuvenileCo,urtof Gregg County. Yours very tmly, APPROVED: J. C. ,Davis,Jr. County Affairs Division JOHNBEN SHEPPERD Attorney General

Hillis E. Gresham Reviewer Robert S. Trotti First Assistant By&-- c wQj+ Sam C. Ratliff

Assistant

John Ben Shepperd Attorney General SCR:am