March 13, 1972
Honorable Joe Carroll, Jr. Opinion No. M-1097
County Attorney, Bell County
Bell County Courthouse Re: Jurisdiction of the County
Belton, Texas 76513 Court and Counts Court at
Law of Bell County
Dear Mr. Carroll:
In your recent letter you have requested the op inion
of this department on three questions, as follows:
"1 . Is Art. 1970a constitutional, and if so:
"2. Does the Bell County Court at Law have
concurrent jurisdiction with the Bell
County District Courts when the amount
In controversy exceeds $l,OOO.OO and
does not exceed $5,000.00 exclusive of
interest?
“3 . Does the Bell County Court have concur-
rent jurisdiction with the Bell County
District Courts when the amount of con-
troversy exceeds $l,OOO.OO and does not
exceed $5,000.00 exclusive of interest?"
Essential to a reply to your questions is recognition
of the fact that the County Court of Bell County is a constitu-
tional court, provided for under Article V, Section 15, of the
Constitution of Texas. The County Court at Law of Bell County,
on the other hand, was created by the Legislature by Article
1970-350, Vernon's Civil Statutes*, under authority of Article
* All references to Articles are to Vernon's Civil Statutes.
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Mr. Joe Carroll, Jr., page 2, (M-1097)
V, Section 1 of the Constitution, and is therefore a statutory
court only.
The answer to your first question is in the affirm-
ative. Article V, Section 1 of the Constitution, in addition
to providing that the Legislature may establish such other
courts as it may deem necessary, also provides that the Legis-
lature may "prescribe the jurisdiction and organization there-
Of .'I Jordan v. Crudgington, 149 Tex. 237, 231 S.W.2d 641 (1950).
In answer to your second question, the Bell County
Court at Law pursuant to Article 1970a, has concurrent juris-
diction with the district court in civil cases, wherein the
subject matter in controversy is within the constitutional
jurisdiction of the county court, and wherein the amount in
controversy exceeds in value $500 but does not exceed $5,000,
exclusive of interest.
The County Court at Law is a statutory court, and
thus clearly comes under the provisions of Article 1970a, which
was enacted by the 62nd Legislature, Regular Session, 1971,
effective June 15, 1971, and reads as follows:
"All county courts at law, county civil
courts, and other statutory courts exercising
civil jurisdiction corresponding to the ccnsti-
tutlonal jurisdiction of the county court in
civil cases shall have jurisdiction concurrent
with that of the district court when the matter
in controversy shall exceed in value Five Hun-
dred Dollars ($500) and shall not exceed Five
Thousand Dollars ($5,000) exclusive of interest."
The answer to your third question is in the negative.
The County Court of Bell County is a constitutional court and
does not come under the provisions of Article 1970a. Its
jurisdiction is governed by Article V, Section 16 of the Consti-
tution, and in no event has the Co~urt jurisdiction In a civil
case wherein the amount in conrroversy exceeds $1,000, exclu-
sive of interest.
SUMMA
------- R‘Y
Article 197Oa, Vernon's Civil Statutes,
enacted by the 62nd Legislature, Regular Sessicn,
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! -- -
Mr. Joe Carroll, Jr., page 3, (M-1097)
1971, is constitutional.
Under Article 1970a the County Court at
Law of Bell County exercises concurrent juris-
diction with the district courts in civil cases,
where the subject matter in controversy is within
the constitutional jurisdiction of the county
court, and where the amount in controversy ex-
ceeds in value $500 but does not exceed $5,000,
exclusive of interest.
Article 1970a does not apply to the County
Court of Bell County, and its jurisdiction is
fixed by Article V, Section 16 of the Constitu-
tion, not to extend to a civil case In which the
amount in controversy exceeds $1,000, exclusive
of interest. .,
/7
/ ,/'
Vep truly yours,
gg&D$??s
.
Attorney General of Texas
Prepared by James S. Swearingen'
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Melvin E. Corley
Kenneth Nordquist
Roger Tyler
Robert Lemens
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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