Untitled Texas Attorney General Opinion ( 1974 )

June 12, 1974
The Honorable Ted Butler Opinion No. H- 325
District Attorney
166th Judicial District Court Re: Designation of a county court
Bexar County Courthouse at law aa the juvenile court.
San Antonio, Texas
Dear Mr. Butler:
You have asked our opinion on two questions which are:
(I) Can the Juvenile Board of Bexar County designate a
County Court at Law am the Juvenile Court?
(2) Does the County Court have exclusive jurirdiction
over matters affecting juvenile offenders in Bexar County?
Article 5, $ I of the Constitution provides in part that:
The judicial power of’this State shall be vested
in one Supreme Court, in Courts of Civil Appeals,
in a Court of Criminal Appeals, in Dirtrict Courts,
in County Courts, in Commissioners Courts, in
Courts of Justices of the Peace, and in such other
courts as may be provided by law.
The juriediction of district courts and county courts is provided by
the Constitution (Article 5, 5 5 8 and 16, Texas Constitution), and both courts
have authority to decide matters affecting juveniles. See In re Cockrell,
493 S.W.2d 620 (Tex. Civ. App., Amarillo, 1973, writ ref’d n. r. e.).
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The Honorable Ted Butler page 2 (H-325)
Article 5, § 1 further provides:
The Legislature may establish such other courts
as it may deem necessa,ry and prescribe the jurisdiction
and organization thereof,. and may conform the jurisdic-
tion of the district and other inferior courts thereto.
Pursuant to this provision of the Constitution the Legislature has created,
inter alia, county courts at law.
Six county courts at law have been authorized for Bexar County.
County Courta at Law Nos. 1 and 2 of Bexar County were created by
Article 1970-301, V. T. C. S. Among subjects specifically eXcluded from
their jurirdiction is the transaction of “all business pertaining to . . .
minorr. ” Articlea 1970-301, $ § 3 and 4; 1970-64; 1970-65; 1970-301g,
$3, V. T. C. S. County Court at Law No. 3 of Bexar County was established
by Article 1970-301d. The court is given,the same jurirdiction enjoyed by
County Court.0 at Law Nos. 1 and 2 except that in addition:
The Judge of the County Court at Law No. 3
of Bexar County, Texas, upon proper certifi’cation
of the County Judge of Bexar County, Texas, because
of conflicting duties, or absence or inability to act;
or, upon the failure or r.efusal of such County Judge
to act for any reason or cause, shall also be authorized
and empowered to act for and in the place and stead of
said such County Judge in any lunacy, probate and
condemnation proceeding or matter, and also may
perform for the County Judge of Bexar County any and
all other ministerial acts required by the laws of this
State of said County Judge of Bexar County, Texas . . . .
Provided, that the powers thus conferred on the Judge
of the County Court at Law No. 3, of Bexar County,
Texas, shall extend toandinclude all powers of the
County Judge of Bexar County, Texas, except his
powers and duties in connection with the transaction
of the business of the County as presiding officer of
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The Honorable Ted Butler page 3 (H-325)
the Commissioners Court, and in connection with
the budget of Bexar County. Article 1970-301d,
0 2, V. T. C. S.
Therefore, the County Court at Law No. 3 has potential jurisdiction over
juvenile matters, depending on the inability or refusal of the County Judge
to act in those cases.
County Court at Law No. 6 of Bexar County was originally denominated
as the County Civil Court at Law of Bexar County. Articles 1970-3OLf. It is
granted power “to hear and determine all matters affecting minors. ” Article
197a-3Olf, 9 3.
County Courts at Law Nos. 4 and 5 of Bexar County were created by
Article 1970-30le. 1. V. T. C. S. Their duties will commence on January 1,
1975. Article 1979-30le. 1,s 11, V. T. C. S. County Court at Law No. 4 has
authority to “hear and determine all matters affecting minors. ” Article
1970-301e. 1, $20. County Court at Law No. 5 has the same jurisdiction as
County Courts at Law Nos. 1, 2 and 3. Article L970-3Ole. 1, 5 2. Its
concurrent jurisdiction with County Court at Law No. 3 gives it potential
jurisdiction over juvenile. matters.
Therefore it is our conclusiop that the statutes creating the six courts
give juriediction over juvenile matters to County Courts at Law Nos. 4 and 6,
deny such jurisdiction to County Courts at Law Nos. 1 and 2, and give
potential jurisdiction over juvenile matters to County Courts at Law Nos.
3 and 5. However, $51.04 of Vernon’s Texas Family Code provides in part:
(a) The juvrnile court hasexclmive original
jurisdiction over proceedings under this title.
(b) In a county having a juvenile board, the board
shall designate one or more’ district, criminal district,
domestic relations. juvenile, or county courts or county
courts at law as the Juvenile court, subject to Subsection
(d) of this section . . . .
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The Honorable Ted Butler page 4 (H-325)
(d) A court may not be designated as the juvenile
court unleaa its judge is an attorney licensed to practice
Law in this atate.
(e) A designation made under Subsection (b) or (c)
of this section may be changed from time to time by the
authorized boards or judges for the convenience of the
people and the welfare of children.. However, there
must be at all times a juvenile court designated for
each county.’ It is the intent of the legis,lature that in
selecting a court to be the juvenile court of each,county,
the selection ahall be made ae far as practicable 80 that
the court derignated as the juvenile court will be one
which is presided over by a judge who has a sympathetic
understanding of the problems of child welfare and that
changee in the designation of juvenile courts be made
only when the best interert of the public requires it.
Predeces,sor etatutes to this portion of the Family Code permitted
designation of certain courts as juvenile courts, but the courts which could
be so designated already possessed jurisdiction over juvenile matters.
Acts 1943, 48th Leg., ch. 204, p. 313, 44; Acts 1909, 31st Leg., ch. 55,
p. 101, 6 1; Frey, “The Evolution of Juvenile Court Jurisdiction and Pro-
cedure in Texas,” 1 Tex. Tech. L. R.ev. 209, 218 (1970). When the
statute was amended to permit criminal district courts, which arguably
had ‘no juvenile jurisdiction, to be named as the juvenile court, the amenda-
tory act specifically granted that jurisdiction to those courts. Acts 1945,
49th Leg., ch. 35, p. 52, $ 1.
It is clear that jurisdiction of the juvenile ~court comes from an act
of the Legislature and,not from the juvenile board. In re Hoskins, 198 S.W.
2d 460 (Tex. Civ. App. Amarillo 1946, writ ref’d n.r.e.). It also has been
held under the predecessor to this portion ot the Family Code that the statute
permitting the juvenile board lo designate a court as the juvenile court does
not create a new court, but merely limits the class of cases to he tried in
that court during the designated period. Bomar v. Bomar, 229 S. W. 2d
p. 1505
.
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The Honorable Ted Butler page 5 (H-325)
859 (Tex. Civ. App. Dallas 1950, no writ), but 8e.e In re Cockrell, supra.
Section 51.04 of the Family Code does not confer the jurisdiction of a
juvenile court on courts not already posseasing it. If the Family Code were
interpreted to grant jurisdiction denied to the Bexar County Courts at Law
in Articles 1970-301, 1970-301d, 30Le. 1 and 3Olf, V. T. C. S; , that interpreta-
tion would ignore the maxim that “where a law is enacted as a part of an
existing system covering a given subject-‘matter, it will be presumed the
Legislature intended that the same should operate in harmony therewith. ”
Freels v. Walker, 26 S.W. 2d 627, 630 (Tex. 1930).
Therefore, it is our opinion that the Bexar County Juvenile. Board
may name Coun,ty Courts at Law Nos. 4 ,or 6 as the juvenile court. Under
some cir~cumstances it may designate County Courts at Law Nos. 3 or 5, ,
but it may not name County Court at Law Nos. 1 or 2 aa the juvenile court.
SUMMARY
Designation ae the juvenile court under Sec. 51.04
of the Family Code is limited to courts possessing
jurisdiction over juvenile matters from a source other
than the Family Code.
Very truly yours,
OHN L. HILL
General of Texas
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.
The Honorable Ted Butler page 6 (H-325)
DAVID M. KENDALL, Chairman
Opinion Committee
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