May 13, 1974 

The Honorable Franklin L. Smith 

County Attorney 

Nueces County Courthouse 

- Corpus Christi, Texas 78401 

Opinion No. H- 309 

Re: The authority of the judge 

of the Court of Domestic Relations of Nueces County. 

Dear Mr. Smith: 

You have asked our opinion on several questions relating to the 

duthority of the Court of Domestic Relations for Nueces County. Your 

specific questions are: 

“1. May the Judge of the Domestic Relations 

Court of Nueces County act as “Presiding Judge, I’ 

thereby exercising administrative jurisdiction 

over the judges of the numbered district courts 

for Nueces County? 

“2. Under the provisions of Article 200b, may 

the Judge of Domestic Relations Court of Nueces 

County act as “Presiding Judge” in causes pending 

in numbered district courts and, as such, 

“(a) Assign to other courts of hearing: 

(1) Matters for final heating. 

(2) Preliminary motions. 

(3) Pre-trial hearings. 

‘l(b) Set causes for trial. 

“(c) Grant motions for continuance. 

,pq 1393 
The Honorable Franklin L. Smith page 2 (H-300) 

“(d) Enter any other order not dispositive of 

any issue germane and requisite for the 

entry of a final judgment in any cause. 

If so, what such orders may be entered 

(such as pleas of privilege and motions 

in limine) ? 

“(e) Preside over any hearing on any motion 

on a cause pending in a numbered district 

court a ruling of which is not dispositive of 

any ultimate issue in the cause. (Example: 

Taking of deposition before a judge under 

RCP 215a). 

‘l(f) Issue temporary restraining orders returnable 

to the court in which the cause is originally 

filed. 

“(g) Qualify jurors for cases set for trial in 

numbered district courts, both civil and 

criminal. 

“3. Does the jurisdiction provision of Section 3, 

Article 2.338-10 pertaining to the Domestic Relation 

Court of Nueces County reading, “all cases involving 

justiciable controversies and differences between 

spouses, or between parents, or between them, or 

one of them, and their minor children, or between, 

any of these and third persons, corporations, trustees 

or other legal entities, which are now, or may hereafter be, within the jurisdiction of the District or County 

Courts” 

“(a) Extend jurisdiction to all causes involved in 

suits by or against: 

p0 1394 
. 

The Honorable Franklin L. Smith page 3 (H-300) 

(1) Married persons. 

(2) Parent and child. 

(3) Any one of these. 

“(b) Extend jurisdiction to probate matters, 

or appeals thereon, where pirties include 

two or more immediate members of one family. 

“4. Does the Domestic Relations Court of Nueces 

County have jurisdiction of tax suits broughtby the State 

or any Of its political subdivisions? 

“5. May the judge of the Domestic Relations Court 

of Nueces County preside over the general jury panel 

for service as jurors in all of the County and District 

Courts in Nueces County as provided under Article 2101, 

Texas Revised Civil Statutes? ” 

The jurisdiction of the Court of Domestic Relations for Nueces 

County is set out in Vernon’s Texas Civil Statutes, Art, 2338-10, § 3. 

The Sixtieth Legislature amended section 3 twice, and both are printed 

in the Vernon’s edition. 

Whether the two amendm@ 8: are treated as complementary and 

read together or as irreconcilable with the second amendment repealing 

the first, we believe that for the purpose of responding to your questions 

the latter amendment (Acts 1967, ch. 565, p. 1242, § 7) is an accurate 

and complete statement of the court’s jurisdiction. That amendment 

provides: 

“Section 3. The Court of Domestic Relations for 

Nueces County shall have the jurisdiction concurrent 

with the District Courts in Nueces County of all cases 

involving adoptions, removal of disability of minority 

and converture, wife and child desertion, delinquent, 

neglected or dependent child proceedings, Reciprocal 

p. 1395 
The Honorable Franklin L. Smith page 4 (H-300) 

Support Act and all jurisdiction, powers and 

authority now or hereafter placed in the District 

or County Courts under the juvenile and child 

welfare laws of this State; and of all divorce and 

marriage annulment cases, including the adjustment 

of property rights and custody and support of minor 

children involved therein, alimony pending final 

hearing and any and every other matter incident to 

divorce or annulment proceedings as well as independent actions involving child custody or support 

of minors, change of name of persons; and all 

other cases involving justiciable controversies and 

differences between spouses, or between parents, or 

between them, or one of them, and their minor children, 

or between any of these and third persons, corporations, 

trustees or other legal entities, which are now, or may 

hereafter be, within the jurisdiction of the District or 

County Courts; all cases in which children are alleged 

or charged to be dependent and neglected children or 

delinquent children as provided by law, of all suits 

for trial of title to land and for the enforcement of liens 

thereon, of all suits for trial of the right of property, 

and said Court and the Judges thereof shall have power to 

issue writs of habeas corpus, mandamus, injunction, and 

all writs necessary to enforce their jurisdiction. ” 

Your first two questions require consideration of Article 200b, 

Vernon’s Texas Civil Statutes, That article applies to certain counties, 

including Nueces County, and permits the election of a “presiding judge” 

by and from the judges of those courts having any district court jurisdiction. As the judge of the Court of Domestic Relations is the judge of a 

court hairing some jurisdiction concurrent with district court jurisdiction, it is our opinion he may serve as presiding judge. If permitted 

by local rules he may, as presiding judge: 

pe 1396 
The Honorable Franklin L. Smith page 5 (H-300) 

‘1. . . assign and transfer any case pending in 

any of the courts to any other of the courts; he may 

direct the manner in which such cases shall be filed 

and, docketed; he may assign any case or proceeding 

pending in any of the courts to the judge of any other 

of the courts; and he may assign the judge of any of the 

courts to try any case Ca hear any proceeding pending 

in any other of the courts. ” 

Vernon’s Texas Civil Statutes, Article 200b, $ 4(a). Under Section 2 of 

that Article he may hear and determine matters pending in other courts 

having district court jurisdiction in Nueces County. However, the judge 

of the Court of Domestic Relations may not act in any case which is not 

within the potential jurisdiction of his court. See, Vernon’s Texas Civil 

Statutes, Article 200b, § 6. 

Your third and fourth questions are directed to the jurisdiction of 

the Court of Domestic Relations of Nueces County under Art. 2338-10, 

V. T. C. S. Although the domestic relations court is given broad jurisdiction, its jurisdiction is not coextensive with that of the district court. 

After including within that court’s jurisdiction various subject 

matters over which domestic relations and juvenile courts in Texas 

have traditionally exercised jurisdiction, the latest version of the section 

conferring jurisdiction upon it continues: 

‘1. . and all other cases involving justiciable controversies 

and differences between spouses, or between parents, or 

between them, or one of them, and their minor children, or 

between any of these and third persons, corporations, trustees 

or legal entities which are now, or may hereafter be, within 

the jurisdiction of the District or County Courta;. . . . ” 

p. 1397 
. 

The Honorable Franklin L. Smith page 6 (H-300) 

A close and literal reading of this provision by itself would support 

a conclusion that jurisdiction has been conferred upon the Domestic Relations Court of Nueces County to hear and decide any case within the jurisdiction of either a district or a county court, unless all parties to the controversy whose interests conflict are childless, unmarried adults. 

However, identical statutory provisions have been interpreted as 

limiting the courts jurisdiction to juvenile and domestic relation matters. 

Rader v. Rader, 378 S. W. 2d 371 (Tex. Civ. App. --Dallas 1964, writ 

ref’d n. r. e. ), see Pelej v. Winans, 422 S. W. 2d 152 (Tex. 1967). Also 

see Grider v. Noonan, 438 S. W. 2d 631 (Tex. Civ. App.:-Corpus Christi, 

1969, no writ). Therefore, it is our conclusion that the broad language of 

the statute has the effect of conferring only an ancillary jurisdiction to 

the domestic relations court where the resolution of disputed matters is 

incident to the determination of issues within the court’s primary jurisdiction. Of course, the domestic relations court’s jurisdiction is further 

limited to the extent that it may not deprive the county court of probate 

jurisdiction assigned by the Constitution. See Elliot v. Elliot, 2,08 S. W. 

2d 709 (Tex. Civ. App.--Fort Worth 1948, writ ref’d n. r. e. ). 

Your final question concerns the court’% duties under Vernon’s Texas 

Civil Statutes, Article 2101, which provides for interchangeable jurors. 

Although the general supervision of the program establishing interchangeable 

jurors is given to the county’s district judges, there is no such express 

limitation on the judge who is assigned to have supervision and control over 

the jurypanel. We.beSieve the judge of the Court of Domestic Relations may 

act in that capacity. 

Therefore, we answer all of your questions in the affirmative with 

the cayeat that the Court of Domestic Relations of Nueces County has no 

authority under Article 200b, V. T. C. S., to act beyond the jurisdiction 

granted it by Article 2338-19 $ 3, V. T. C. S. Likewise, it may not act in 

such a manner as to deprive the county courts of its constitutional jurisdiction over probate matters. These two qualifications are particularly relevant 

to your third and fourth questions. 

pe 1398 
1 - 

The Honorable Franklin L. Smith page 7 (H-300) 

As each case would depend on its particular facts, it is impossible 

to categorically say that a particular class of cases is always within the 

jurisdiction of the Court of Domestic Relations of Nueces County. 

SUMMARY 

The judge of the Court of Domestic Relations 

of Nueces County may act as presiding judge under 

Article 200b, V. T. C. S., but he gains no authority 

to act beyond the jurisdiction granted the court in 

Article 2338-10, $ 3, V. T. C. S. That jurisdiction 

relates to juvenile and domestic relations matters 

and it is not coextensive with the jurisdiction of the 

district court. 

Very truly your*, 

Attorney General of Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1399