Hays County Courts at Law Overview
Texas creates statutory county courts at law to lighten the load on the constitutional county judge. In Hays County, three numbered courts at law handle the day-to-day docket: County Court at Law #1, #2, and #3. The County Clerk Courts Division names them in its list of clerk-served courts, alongside the Mental Health Court, the Veteran's Court, and the Juvenile Court. The whole group sits at the Government Center at 712 S. Stagecoach Trail in San Marcos.
What ties these courts together is the County Clerk Courts Division. Misdemeanor, civil, guardianship, probate, mental health, and juvenile cases are filed there. The same division clerks County Court at Law #1, #2, and #3, plus the specialty courts. So a member of the public looking for a county court at law file uses one office, not several.
The County Clerk Courts Division also handles the fee schedule and forms used by the county courts at law. The exact filing fee depends on the case type and is published in the Courts Division Fee Schedule, linked from the County Clerk page. Filers should plan to pay by cash or card at the time of filing, unless they qualify to file a Statement of Inability to Afford Payment.
Hays County Courts at Law List
The numbered courts and the specialty courts share an address in the Government Center. The table summarizes the key fields.
| Court | Type | Clerk | Main Phone |
|---|---|---|---|
| County Court at Law #1 | Misdemeanor, civil, probate, guardianship | County Clerk Courts Division | 512-393-7330 |
| County Court at Law #2 | Misdemeanor, civil, probate, guardianship | County Clerk Courts Division | 512-393-7330 |
| County Court at Law #3 | Misdemeanor, civil, probate, guardianship; Mental Health Court | County Clerk Courts Division | 512-393-7330 |
| Mental Health Court | Specialty docket | County Clerk Courts Division | 512-757-0795 |
| Veteran's Court | Specialty docket | County Clerk Courts Division | 512-393-7330 |
| Juvenile Court | Specialty docket | County Clerk Courts Division | 512-393-7330 |
Note: For full case files, certified copies, and search instructions, contact the County Clerk Courts Division at 512-393-7330 or ccsearches@hayscountytx.gov.
The County Clerk Courts Division page also handles general procedural questions about the county courts at law. Clerks can answer questions about forms, payment methods, and filing rules. They cannot give legal advice or explain how a judge is likely to rule. For that, Hays County users rely on the Law Library or a private attorney.
Hays County Courts at Law Jurisdiction
The county courts at law hear two main categories. The first is misdemeanor criminal cases, which are offenses below the felony level. Common misdemeanors include theft under a statutory threshold, certain assaults, driving while intoxicated, and drug possession of small amounts. The second is civil cases with amounts in controversy that exceed $10,000 but do not exceed $250,000. The County Clerk Courts Division page lists that civil range on its own description.
Beyond those two categories, the county courts at law in Hays County handle probate, guardianship, mental health, and juvenile cases. Probate covers wills, estates, and heirship. Guardianship covers minors and adults who need a court-appointed guardian. Mental health cases include commitment proceedings under Texas Health and Safety Code Chapter 611, which carries its own confidentiality rules. Juvenile cases are limited under Texas Family Code Chapter 58 and follow tighter access rules than adult criminal cases.
Cases that do not land here include felonies, divorces, and large civil disputes. Those go to the district courts. Fine-only and traffic matters go to the Justice of the Peace courts. The dividing line matters when a search starts because each court level uses a different clerk and a different filing portal.
One overlap area causes confusion. A DWI arrest can land in a county court at law as a misdemeanor in many cases, but a felony DWI, such as a third-or-more offense, lands in the district court. Both end up in the Odyssey criminal case search, but the clerk and the court are different. The same is true for an assault case, which can be a misdemeanor in county court at law or a felony in district court depending on the facts. A quick look at the cause-number prefix and the listed court tells you which level you are reading.
County Court at Law vs District Court vs Justice Court
The table below shows how Texas splits jurisdiction across the three trial-court levels that come up most often in Hays County records work.
| County Court at Law | District Court | Justice / JP Court | |
|---|---|---|---|
| Civil Range | $10,000 to $250,000 | No upper cap | Up to small claims limits |
| Criminal | Misdemeanors | Felonies | Fine-only Class C |
| Family / Divorce | No | Yes | No |
| Probate / Guardianship | Yes | No | No |
| Clerk | County Clerk Courts Division | District Clerk | JP court clerk |
How to Search Hays County Courts at Law Records
Search the same Hays County Odyssey Public Access portal that holds the district court records. Choose Criminal Case Records for misdemeanors and Civil, Family & Probate Case Records for civil, probate, guardianship, mental health, and juvenile cases. The County Clerk Courts Division page gives plain instructions that match the steps below.
- Open the Hays County Odyssey Public Access launch page.
- Pick Criminal Case Records for a misdemeanor or Civil, Family & Probate Case Records for a civil or probate file.
- Choose the court location, such as All Courts.
- Enter the last name and first name, or the cause number.
- Add a date of birth or a date range to narrow results.
- Open the case to read the parties, the filings, and the disposition.
- For a certified copy, contact the County Clerk Courts Division.
Specialty Courts and Diversion
Hays County's specialty dockets are part of the County Courts at Law. The Mental Health Court, overseen by Judge Elaine Brown in County Court at Law #3, focuses on early identification of defendants with mental health, substance use, or developmental challenges. The program connects participants to treatment, counseling, supported housing, benefits and ID recovery, and psychiatry. Referrals can come from jail staff, attorneys, judges, officers, family members, the District Attorney, providers, and the person themselves.
The Veteran's Court serves veterans whose cases qualify under the program. The Juvenile Court applies to youth cases, with confidentiality and procedure set by Texas Family Code Chapter 58. The County Clerk Courts Division clerks each of these courts and supports the judges in courtroom administration. For the broader mental health context, see the Mental Health Court phone line at 512-757-0795.
Specialty courts are not a separate ticket out of the system. A person who joins a Mental Health Court docket still has a county-court-at-law case, and the program's progress is tracked through orders entered in the court file. Graduating the program can lead to a more favorable disposition, but the court keeps the file just as it would for a non-specialty case. Texas Health and Safety Code Chapter 611 still protects mental health treatment records from broad public release, even when the case itself is public.
How a County Court at Law Case Moves Through the System
Misdemeanor and civil cases follow different paths, but both are filed through the County Clerk Courts Division and tracked through the Odyssey portal. The diagrams below show the simple flow.
Misdemeanor flow: Arrest › Magistrate › Filing of Information › Arraignment › Pretrial › Plea or Trial › Disposition
Probate flow: Application › Citation › Hearing › Order Admitting Will › Letters Testamentary › Inventory and Closing
An appeal from a Hays County court at law goes to a Texas Court of Appeals. The Supreme Court of Texas and the Texas Court of Criminal Appeals sit above those intermediate appellate courts for civil and criminal matters, respectively.
Most county-court-at-law cases finish without an appeal. A misdemeanor often ends with a plea, deferred adjudication, or a dismissal. A probate often closes with the final accounting and a closing order. A civil case may settle in mediation before trial. The disposition entry on the case docket records the result, and the case stays in the public index unless it is sealed by court order or limited under state law.