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The Attorney General of Texas
March 13, 1978
JOHN L. HILL
Attorney General
Honorable James F. Hury, Jr. Opinion No. H-1134
Criminal District Attorney
Galveston County Re: Jurisdiction of county
405 Galveston County Courthouse courts at law in Galveston
Galveston, Texas 77550 County.
Dear Mr. Hury:
You ask whether the County Court No. 1, County Court No. 2, and
Probate and County Court of Galveston County have jurisdiction to hear
cases involving juvenile offenders and dependency and neglect petitions filed
by the State Child Protective Services.
Your question arises because of the Family District Court Act which
replaced Courts of Domestic Relations with Family District Courts. V.T.C.S.
art. 1926a. This act repealed article 2338-16, V.T.C.S., which had established
the Galveston County Court of Domestic Relations and provided it with its
juvenile jurisdiction. V.T.C.S. art. 1926a, S 3.04(b)(17). Both the Galveston
County Court No. 1 and the Probate and County Court had been basing their
juvenile jurisdiction on section 8(a) of article 2338-16, which gave the County
Court No. 1 and the County Court No. 2 (now renamed the Probate and
County Court) concurrent jurisdiction over matters affecting juveniles with
the Court of Domestic Relations. The newly-created County Court No. 2 was
given the same jurisdiction over juvenile matters as the County Court No. 1,
the Probate and County Court, and the Court of Domestic Relations.
V.T.C.S. art. 1970-342b, S 15.
The specific question we must consider, then, is whether the repeal of
article 2338-16, V.T.C.S., removes the jurisdiction affecting juveniles from
the County Court No. 1, County Court No. 2, and the Probate and County
Court of Galveston County.
The jurisdiction of the Probate and County Court is set forth in article
1970-342, section 1, V.T.C.S., which states, in pertinent part:
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Honorable James F. Hury, Jr. - Page 2 (R-1134)
The court shall have . . . civil and criminal jurisdiction as
provided by the Constitution and General Laws for county
courts and as provided herein.
The jurisdiction of County Courts is set forth in article 5, sections 8 and 16 of
the Texas Constitution. The authority to decide matters affecting juveniles is
given under these provisions. See In re Cockrell, 493 S.W.2d 620 (Tex. Civ. App. -
Amarillo 1973, writ ref’d n.r.exAttorney General Opinions H-1082 (1977), H-325
(1974). Since the Probate and County Court of Galveston County has been
conferred all the jurisdiction, including juvenile, of the constitutional county
courts, we conclude that it has authority to decide matters affecting juveniles
irrespective of the repeal of article 2338-16, V.T.C.S.
The jurisdiction of County Court No. 1 is set forth in article 1970-342a,
section 2(b), V.T.C.S., which grants it the same jurisdiction as the County Court
and County Court No. 2 (now called the Probate and County Court). Since we have
already concluded that these latter two courts have juvenile jurisdiction, County
Court No. 1 must have that authority also.
The jurisdiction for the recently created County Court No. 2 is set forth in
V.T.C.S. art. 19’70-342b, 5 2b, which states:
The County Court No. 2 of Galveston County shall have the
same jurisdiction and powers in civil actions, matters, and
proceedings that are now or may be conferred by law upon
and vested in the County Court of Galveston County, the
County Court No. 1, the Probate and County Court, and the
judges thereof. The jurisdiction of the County Court of
Galveston County, the Probate and County Court, and the
County Courts Nos. 1 and 2 of Galveston County over all
such actions, matters, and proceedings, civil and criminal,
within Galveston County shall be concurrent.
The statutory language is clear that the jurisdiction of all four courts is concurrent.
County Court No. 2, therefore, possesses the same juvenile jurisdiction that we
have concluded is vested in the other three courts.
There is ample support that it is the intent of the Legislature that these
courts exercise juvenile jurisdiction. In part of the same statute creating the
County Court No. 2, it states:
The judge of the County Court No. 2 shall be a member of
the Juvenile Board of Galveston County and shall have the
same jurisdiction over juvenile proceedings as the judges of
the County Court No. 1, the Probate and County Court, and
the Court of Domestic Relations for Galveston County, with
juvenile proceedings filed sequentially in the County Court
No. 1, the Probate and County Court, the County Court No.
2, and the Court of Domestic Relations.
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Honorable James F. Hury, Jr. - Page 3 (H-1134)
V.T.C.S. art. 1970-342b, S ,15. Here is a clear indication that the Legislature
intended that the new County Court No. 2, the County Court No. 1, and the Probate
and County Court have jurisdiction over matters affecting juveniles. This statute
was passed during the same legislative session as the Family District Court Act
and, therefore, the two acts should be construed in harmony if at all possible. -See
Attorney General Opinion M-951 (1971).
Nor does anything in the Family District Court Act reveal a different
intention. This Act substitutes district courts of general jurisdiction, to be called
family district courts, for the existing domestic relations courts. V.T.C.S. art.
1926a, S 1.02(a). The Act gives the court primary responsibility, but not exclusive
jurisdiction, over family law matters. V.T.C.S. art. 1926a, S 1.03(b). A Family
District Court for Galveston County is created to replace the Court of Domestic
Relations. V.T.C.S. art. 1926a, S 2.07.
The statute does not grant exclusive jurisdiction over juvenile matters to the
Family District Courts. Nothing in the statute, absent the repealer, would indicate
that the Legislature intended to curtail the jurisdiction of any court. There is
nothing unusual about the Legislature creating specialized courts to share the
caseload of courts of more general jurisdiction, see State ex rel Rector v.
McClelland, 224 S.W.2d 706 (Tex. 1949), and this appearsto be what the Legislature
intended here.
SUMMARY
The County Courts Nos. 1 and 2 and the Probate and County
Court of Galveston County have jurisdiction over matters
affecting juveniles.
Attorney General of Texas
DAVIES KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jst
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