Texas Family Code - Section 51.04. Jurisdiction
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§ 51.04. JURISDICTION. (a) This title covers the
proceedings in all cases involving the delinquent conduct or
conduct indicating a need for supervision engaged in by a person who
was a child within the meaning of this title at the time the person
engaged in the conduct, and, except as provided by Subsection (h),
the juvenile court has exclusive original jurisdiction over
proceedings under this title.
(b) In each county, the county's juvenile 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 Subsections (c) and (d) of this section.
(c) If the county court is designated as a juvenile court,
at least one other court shall be designated as the juvenile court.
A county court does not have jurisdiction of a proceeding involving
a petition approved by a grand jury under Section 53.045 of this
code.
(d) If the judge of a court designated in Subsection (b) or
(c) of this section is not an attorney licensed in this state, there
shall also be designated an alternate court, the judge of which is
an attorney licensed in this state.
(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 legislature
that in selecting a court to be the juvenile court of each county,
the selection shall be made as far as practicable so that the court
designated 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 changes in the designation of juvenile
courts be made only when the best interest of the public requires
it.
(f) If the judge of the juvenile court or any alternate
judge named under Subsection (b) or (c) is not in the county or is
otherwise unavailable, any magistrate may make a determination
under Section 53.02(f) or may conduct the detention hearing
provided for in Section 54.01.
(g) The juvenile board may appoint a referee to make
determinations under Section 53.02(f) or to conduct hearings under
this title. The referee shall be an attorney licensed to practice
law in this state and shall comply with Section 54.10. Payment of
any referee services shall be provided from county funds.
(h) In a county with a population of less than 100,000, the
juvenile court has concurrent jurisdiction with the justice and
municipal courts over conduct engaged in by a child that violates
Section 25.094, Education Code.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 1357, ch. 514, § 1, eff. June
19, 1975; Acts 1975, 64th Leg., p. 2153, ch. 693, § 5 to 7, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 1112, ch. 411, § 1, eff.
June 15, 1977; Acts 1987, 70th Leg., ch. 385, § 1, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 168, § 4, eff. Aug. 30, 1993;
Acts 1999, 76th Leg., ch. 232, § 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1297, § 3, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1514, § 12, eff. Sept. 1, 2001.
Section: 45.104 45.105 45.106 51.01 51.02 51.03 51.031 51.04 51.041 51.0411 51.0412 51.042 51.045 51.05 51.06
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Last modified: August 10, 2007
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