Chapter 21-1 The Subject Matter Jurisdiction of Texas Trial Courts

• Jurisdiction: United States

21-1 The Subject Matter Jurisdiction of Texas Trial Courts

21-1:1 Justice Courts

Justice Courts have jurisdiction over civil actions where the amount in controversy does not exceed $10,000 (increasing to $20,000 effective September 1, 2020), exclusive of interest, unless exclusive jurisdiction is granted to the county or district courts.¹ A justice court has jurisdiction over cases of forcible entry and detainer (with no statutory limit on amount in controversy) and over foreclosure of mortgages and enforcement of liens on personal property so long as the amount in controversy is within the $10,000 limit (increasing to $20,000 effective September 1, 2020).²

Justice Courts do not have jurisdiction over the following cases, irrespective of the amount in controversy.

• A suit on behalf of the state to recover a penalty, forfeiture, or escheat;
• A suit for divorce;
• A suit to recover damages for slander or defamation of character;
• A suit for trial of title to land; or
• A suit for the enforcement of a lien on land.³

21-1:2 Constitutional County Courts

The Texas Constitution establishes a constitutional county court in every county in Texas.⁴ The constitutional county courts have concurrent jurisdiction with justice courts in civil cases in which the matter in controversy exceeds $200 in value but does not exceed $10,000 (increasing to $20,000 effective September 1, 2020), exclusive of interest.⁵ The constitutional county courts also have appellate jurisdictions in cases over which the justice courts have original jurisdiction and the amount in controversy exceeds $250, exclusive of costs.⁶

A constitutional county court does not have jurisdiction over the following cases.

• A suit to recover damages for slander or defamation of character;
• A suit for the enforcement of a lien on land;
• A suit in behalf of the state for escheat;
• A suit for divorce;
• A suit for the forfeiture of a corporate charter;
• A suit for the trial of the right to property valued at $500 or more and levied on under a writ of execution, sequestration, or attachment;
• An eminent domain case; and
• A suit for the recovery of land.⁷

A constitutional county court may grant writs of mandamus, injunction, sequestration, attachment, garnishment, certiorari, and supersedeas and all other writs necessary to the enforcement of its jurisdiction so long as the case otherwise falls within its subject matter jurisdiction.⁸

Though a constitutional county court may, under certain circumstances, exercise probate jurisdiction, these cases are typically adjudicated in other trial courts.

21-1:3 Statutory County Courts

Statutory county courts (commonly known as "county courts at law") have jurisdiction over all causes and proceedings prescribed by law for constitutional county courts.⁹In addition, the statutory county courts have jurisdiction over civil actions in which the amount in controversy exceeds $500 but does not exceed $200,000 (increasing to $250,000 effective September 1, 2020), excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs.¹⁰

In addition, the statutory county court has jurisdiction over appeals of final rulings and decisions of the Division of Workers' Compensation of the Texas Department of Insurance regarding workers' compensation claims, regardless of the amount in controversy.¹¹

A statutory county court has probate jurisdiction, concurrent with the constitutional county court, except in counties with a statutory probate court, in which case probate matters must be heard in the statutory probate court.¹²

The statutory county court has equitable power to issue writs of injunction, mandamus, sequestration, attachment, garnishment, certiorari, supersedeas and all writs necessary for the enforcement of the jurisdiction of the...