BILL ANALYSIS S.B. 240 By: Nelson (Denny) C.S.S.B. 240 By: Goodman 4-11-95 Committee Report (Substituted) BACKGROUND There is a perceived local need for a statutory county court in Denton County. Due to the increasing number of court cases each year, Denton County has had to modify the jurisdiction and structure of its courts to accommodate the crowded dockets. In 1991, the constitutional county court was dispossessed of all judicial authority and jurisdiction and all its pending cases were transferred to the three statutory county courts. In 1993, legislation was passed to reestablish the jurisdiction of the statutory courts initially provided for in the 1991 legislation. There are currently 185 statutory county courts in Texas. These courts were designed to alleviate the county judge of judicial responsibilities and to ease the docket load of district courts. These courts exist in 74, mostly urban, counties and are funded almost entirely by the counties authorized by the Legislature to establish such courts. Under House Bill 66 (72nd Legislature), counties with minimum jurisdictional, judicial qualifications and standards, and pay requirements may authorize an additional state filing fee entitling the county to $25,000 per court from state revenue. The table below compares the populations, ethnic composition, and current number of statutory county court judges for all the counties which have requested new statutory county courts. Because of multiple variances in jurisdiction, valid comparisons of docket filings, management and caseload growth between the statutory county courts of different counties cannot be made. County 1990 Pop. % Black % Hispanic Current no. of judges Cameron 260,120 0.3% 81.9% 2 Collin 264,036 4.1% 6.9% 3 Denton 273,525 5.0% 7.0% 3 Matagorda 36,928 13.8% 24.6% 0 Countywide, multimember at-large elections in urban areas exist now only in the context of judicial elections. Such election systems have been traditionally employed in order to dilute minority voting strength and to deny racial minorities the ability to elect candidates of their choice. Texas is currently defending a number of suits challenging countywide, multimember, at-large elections for judicial candidates in urban areas. Because of its rich history of racial discrimination and voter intimidation, Texas is subject to Section 5 of federal Voting Rights Act, which requires Texas to preclear changes in it elections system to ensure that racial minority voting strength is not diluted. The U.S. Justice Department has refused to preclear any new multimember, urban district or county courts in Texas since 1989. It is the opinion of this committee that this bill does not violate the federal Voting Rights Act. PURPOSE As proposed, CSSB 240 creates an additional statutory county court in Denton County and modifies other county courts to assume case overload. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 25.0631, Government Code, to (1) create Denton County Criminal Court No. 1, (2) redesignate County Court at Law No. 2 as County Criminal Court No. 2, (3) redesignate County Court at Law No. 3 as the Probate Court of Denton County, and (4) modify where the court may conduct proceedings. SECTION 2. Amends Section 25.0632, Government Code, as follows: Subsec. (a) is amended to require a judge of a statutory county court (county court) or statutory probate court (probate court) in Denton County to meet the qualifications of office for a district judge provided Section 7, Article V, Texas Constitution, in addition to meeting the qualifications of office in Section 25.0014. Existing Subsec. (b), relating to the parameters of jurisdiction, is deleted. Existing Subsection (c) is relettered and amended to make conforming changes. Subsec. (d) is redesignated as Subsec. (c) and amended to require the judge of each county court and probate court to be paid annual compensation equal to that of a district judge in the county. Provides that a county court or probate court under Sections 53.0005 and 25.0015 has jurisdiction equivalent to the jurisdiction provided by Section 25.0003 for county courts. Requires the salary of a county court judge or probate judge to be paid in equal installments at least monthly. Subsection (e) is rdesignated as Subsec. (d) and amended to allow the commissioners court to employ additional personnel for the county and probate courts upon proper request by the department official in charge and as deemed necessary by the commissioners court. New Subsec. (e) requires an appointed court officer to be sworn by oath by a county or probate court judge. Requires the judge to modify the oath to apply to the particular officer and duties or to conform to any statutory oath required for the particular position. New Subsec. (f) allows a court reporter of a county or probate court to be paid annual compensation equal to that of court reporters serving the district courts of Denton County and any longevity pay entitled under county compensation programs. Current Subsec. (f) is redesignated as Subsec. (g) and amended to require jurors regularly impaneled by the district courts of Denton County to include sufficient numbers to serve in the county courts, probate courts, and district courts. Requires jurors to be made available by the district judge as necessary. Sets forth the composition of the jury in a county or probate court in Denton County. Subsec. (h) is amended to authorize judges of the county courts to exchange benches and serve for each other provided by Section 74.121, regardless of the jurisdiction of the type of cases handled by the court to which the judge is assigned or is serving. Language allowing the judge of County Court at Law No. 3 to accept transfers of certain probate actions is deleted. New Subsec. (i) requires a judge of a statutory probate court be subject to assignment as provided by Section 25.0022. SECTION 3. Amends Chapter 25(c), Government Code, by adding Section 25.0633, 25.0634, and 25.0635, as follows: Sec. 25.0633. DENTON COUNTY COURT AT LAW PROVISIONS. Subsec. (a) requires the County Court at Law No. 1 of Denton County to give preference to juvenile matters and the ancillary and pendent jurisdiction necessary to enforce court orders. Subsec. (b) provides that the County Court at Law No. 1 of Denton County has exclusive jurisdiction over Class C misdemeanor appeals from inferior courts in Denton County unless specified otherwise. Subsec. (c) denies the County Court at Law No. 1 jurisdiction over civil, civil appellate, probate, mental health matters, or over family law cases other than juvenile proceedings. Subsec. (d) requires the County Court at Law No. 1, upon designation by the juvenile board as the juvenile court of the county, to give first preference to juvenile matters. The criminal district attorney of Denton County is designated the official to receive all felony grade referrals regarding juveniles. Requires the court to give first preference to criminal appeals cases and second preference to misdemeanor criminal matters if not designated as the juvenile court. Sec. 25.0634 DENTON COUNTY CRIMINAL COURT PROVISIONS. Subsec. (a) grants concurrent felony jurisdiction with the district court over matters involving intoxication offenses under Chapter 49, Penal Code, to the county criminal courts of Denton County. Provides that jurisdiction provided by this subsection shall be exercised on assignment by a district judge, the local administrative district judge or the regional presiding judge. Subsec. (b) denies a county criminal court jurisdiction over civil, civil appellate, probate, or mental health matters. Subsec. (c) denies a county criminal court jurisdiction over Class C misdemeanor appeal cases. Subsec. (d) prohibits a judge of a county criminal court in Denton County from serving as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant or Travis County. Sec. 25.0635. DENTON COUNTY STATUTORY PROBATE COURT PROVISIONS. Subsec. (a) provides that a probate court has the jurisdiction provided by law for a county court with exceptions. Denies a probate court criminal jurisdiction other than the contempt powers provided by general law. Subsec. (b) provides that a statutory probate court has the civil jurisdiction provided by Section 25.0003 for statutory county courts. Subsec. (c) provides that a statutory probate court has the jurisdiction provided by general law for county courts or statutory county courts over civil penalties, forfeitures, including surety bond forfeitures, and escheats regardless of the amount in controversy or remedy sought. Subsec. (d) provides that a statutory probate court has jurisdiction, regardless of the amount in controversy or remedy sought, over eminent domain cases as provided by Section 21.001, Property Code, for statutory county; direct and inverse condemnation cases; adjudication and determination of land titles whether or not ancillary to eminent domain proceedings; partition cases; suits to quiet title; trespass to try title; lien foreclosures; adjudication of all freehold and leasehold interests, easements, licenses, and boundaries of real property; with all ancillary or pendent jurisdiction necessary for adjudication of an eminent domain case as provided by Sections 21.002 and 21.003, Property Code. SECTION 4. Provides that this Act does not affect the term of office of the judge of a court renamed by this Act. Provides that all writs and processes returnable to a court renamed by this Act are subject to the jurisdiction of the renamed court. SECTION 5. Provides that the judge initially appointed to the County Criminal Court No. 1 of Denton County created by this Act serves until a successor is elected. SECTION 6. Provides that the County Criminal Court No. 1 of Denton County is created August 1, 1995. SECTION 7. Emergency clause. Effective date. COMPARISON OF SUBSTITUTE TO ORIGINAL Sections 1 and 2 in both versions are the same. In Section 3 of the substitute, new Government Code Section 25.0633(d) adds a provision that the criminal district attorney of Denton County is the designated official to receive all felony grade referrals regarding juveniles; this provision was not in the original. New Subsection 25.0634(d) prohibits the judge of the court created by this bill from serving as an assigned (visiting) judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant or Travis County; this subsection was not in the original bill. Sections 4 through 7 are the same in both versions. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on February 15, 1995, the Committee on Judicial Affairs met in a public hearing on February 21, 1995. The Chair referred S.B. 240 directly to the Subcommittee on Judicial Reform. The members of the subcommittee were Reps. Alonzo (Chair), Duncan, Solis, Thompson and Willis. Pursuant to a public notice posted on March 23, 1995, the Subcommittee on Judicial Reform met in a public hearing on March 28, 1995, to consider S.B. 240. The Chair, Rep. Alonzo, laid out S.B. 240. Without objection, the Chair offered up and laid out a complete committee substitute for S.B. 240 and recognized the House sponsor, Rep. Denny, to explain the substitute. Judge Don Windle, County Court at Law No. 3 of Denton County, representing himself and Judges Virgil Vahlenkamp and Darlene Whitten, testified for the bill. Without objection, the Chair moved to withdraw the substitute. The Chair moved to leave S.B. 240 pending before the subcommittee; there were no objections. Pursuant to a public notice posted on April 6, 1995, the Committee on Judicial Affairs met in a public hearing on April 11, 1995, to consider S.B. 240. Without objection, the Chair, Rep. Hartnett, recalled S.B. 240 from subcommittee. The Chair laid out S.B. 240 and recognized George Korbel, representing himself, to testify neutrally on S.B. 240. Judge Don Windle, County Court at Law #3, Denton County, representing the Texas Association of County Courts-at-Law, testified for S.B. 240. There were no further witnesses. Rep. Goodman offered a complete committee substitute to S.B. 240. There being no objection, the Chair laid out C.S.S.B. 240 and recognized Rep. Goodman to explain. Rep. Goodman offered a committee amendment to C.S.S.B. 240. There being no objection, the Chair laid out committee amendment #1 and recognized Rep. Goodman to explain. Rep. Goodman moved adoption of the committee amendment. There were no objections. Rep. Goodman moved that C.S.S.B. 240, as amended, be adopted. There were no objections. The Chair directed the committee staff to draft a new committee substitute to S.B. 240 incorporating the adopted amendment. There were no objections. Rep. Goodman moved that S.B. 240, as substituted, be reported favorably back to the full House with the recommendation that it do pass, be printed and sent to the Local & Consent Calendars Committee. The motion prevailed by the following record vote: 7 ayes, 0 nays, 0 PNV and 2 absent.
1450 E McKinney St, Ste 1419, Denton, TX 76209-4524 Denton County
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Honorable Margaret Barnes 367th Judicial District Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Bruce McFarling 362nd Judicial District Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Sherry Shipman 16th Judicial District Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Brody Shanklin 211th Judicial District Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Steve Burgess 158th Judicial District Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Doug Robison 393rd District Court 1450 E. McKinney St. Denton, Texas 76209
Honorable Tiffany Haertling 442nd Judicial District Court Denton County Courts Building 1450 East McKinney Street Denton, Texas 76209-4524
Honorable Lee Ann Breading 462nd Judicial District Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Derbha Jones 467th Judicial District Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Jim Johnson 431st Judicial District Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable David W. Jahn County Criminal Court #1 1450 E. McKinney St. Denton, TX 76209-4524
Honorable David W. Jahn Associate Judge, Probate Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Susan Piel County Criminal Court #2 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Robert Ramirez County Court at Law #2 1450 E. McKinney St. Denton, Texas 76209
Honorable Forrest Beadle County Criminal Court #3 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Kimberly McCary County Court At Law #1 210 S. Woodrow Denton, Texas 76209
Honorable Chance Oliver County Criminal Court #4 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Bonnie Robison Denton County Probate Court 1450 E. McKinney St. Denton, TX 76209-4524
Honorable Coby Waddill County Criminal Court #5 1450 E. McKinney St. Denton, TX 76209-4524
Justices of the Peace
Honorable Joe Holland Justice of the Peace Precinct 1 401 W. Hickory, Suite 227 Denton, TX 76201
Honorable James R. DePiazza Justice of the Peace Precinct No. 2 5533 FM 423 Ste 901 Frisco, Texas 75036-8945
The Honorable James Kerbow Justice of the Peace Precinct 3 400 N Valley Prkwy Ste 2012 Lewisville, Texas 75067-3466
Honorable Harris Hughey Justice of the Peace Precinct 4 6200 Canyon Falls Drive Ste 101 Flower Mound, TX 76226
Honorable Mike Oglesby Justice of the Peace Precinct 5 1400 FM 424 Ste 124 Crossroads, TX 76227-7284
Honorable Judge Christopher Lopez Justice of the Peace Precinct 6 1029 W. Rosemeade Pkwy Carrollton, Texas 75007-6251
Denton County Sheriff: We don't wait, we engage active shooters
Per standing order, effective January 1, 2020, the Denton County District Clerk is designated as the clerk to the Magistrate Court.
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1 denton court county criminal
I remember digging my nails into your tanned shoulders as you slowly, so as not to hurt me, entered my flesh. The clouded mind did not feel pain, you were desired by me. Powerful shocks tore me in two, and one of them, infinitely loving you, will be forever by your side, warming you.
In the days of adversity. When I looked into the crystal ball, I realized that the fairy tale ended not at all the way I would like.
Denton County,Tx.- Courthouse
At the same moment, squeezing the muscles of the vagina, immediately screamed Lina Vlasovna, again bursting under him with fragments of stunning ecstasy. - Cho - ya. - splashing himself out, he shouted in mutual euphoria, and, having made a few more strong shocks, with devastation again decomposed on her.
I fucked her, I still fucked aunt Lina. - through the pounding of a madly pounding heart, thoughts echoed in his head as a distant echo.
The man quietly settled in a chair, examining his nails on his left hand. And then I found that nothing else was. Holding me on this couch. The ropes still wrapped around the arms and legs, but did not squeeze them.