E NEY GENE 

OF TEXAS 

May 5, 1953 

Hon. David Moore 

Criminal District Attorney 

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 Juvenile Court? 

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 following questions: 

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 

jurisdiction as ,such (as distinguished from 

a Juvenile Co,urt) to try dependent and 

neglected child, adoption, support, and 

custody cases when such Court has not yet 

been designated as a Juvenile Court and 

where the County Co,urt Is acting as Juvenile 

Court by designationof the 'Judges?" 

You have informed,us that Gregg County has 

two district co,urts and a juvenile board. 

It was held in Rochelle v. State, 89 Tex. 

Grim. 592, 232 S.W. 838 (1921) that a criminal district 

co,urt is a district co,urt within the meaning of the 

Constitution. 
Hon. David Moore, page 2 (S-37) 

In light of the above decision we do not believe that the variance between 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 courts while the body refers to criminal district courts, as well as district Wurts, 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1949, chapter 368, page 702, since it has been repealed.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 juvenile court of such county. . .' 

Therefore, the county co,urt of Gregg County 

cannot sit as the juvenile co~urt. 

In connection with the jurisdiction of 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, shall henceforth be 

filed in the juvenile court of such counties; 

provided, however, that nothing herein contained shall prevent the transfer of such 

cases to other courts having jurisdiction 

thereof .under existing laws." 

The above mentioned type of case must be filed 

in the Juvenile Court 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 variance between 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 cases must be filed 

originally in the Juvenile Co,urt of Gregg 

County. 

Yours very tmly, 

APPROVED: 

J. C. ,Davis, Jr. 

County Affairs Division 

JOHN BEN 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