HBA-SEB H.B. 1239 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1239
By: Ramsay
Judicial Affairs
4/7/1999
Introduced

BACKGROUND AND PURPOSE 

Current law does not allocate a district court to Wood County.  As a
result, Wood County shares two district courts with neighboring Smith and
Van Zandt counties, the 114th District Court and the 294th District Court,
respectively.  A district court serving Wood County exclusively may
alleviate the crowded conditions of the civil and criminal dockets.  H.B.
1239 creates the 410th Judicial District, composed of Wood County, which
has concurrent jurisdiction with the county court in Wood County over all
matters whether civil, criminal, original, or appellate.  This bill also
removes Wood County from the jurisdiction of the 114th and 294th judicial
districts.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 24, Government Code, by adding
Section 24.556, as follows: 

Sec. 24.556.  410TH JUDICIAL DISTRICT (WOOD COUNTY).  Establishes that the
410th Judicial District is composed of Wood County.  Provides that the
410th District Court has concurrent jurisdiction with the county court in
Wood County over all matters of civil and criminal jurisdiction, original
and appellate, in cases over which the county court has jurisdiction under
the constitution and laws of this state.  Authorizes matters and
proceedings in the concurrent jurisdiction of the 410th District Court to
be filed in either court. Authorizes all cases of concurrent jurisdiction
to be transferred between the 410th District Court and the county court.
Prohibits a case from being transferred from one court to another without
the consent of the judge of the court to which it is transferred.
Prohibits a case from being transferred unless it is within the
jurisdiction of the court to which it is transferred. 

SECTION 2.  Amends Section 24.216, Government Code, to make conforming
changes. 

SECTION 3.  Amends Section 24.471, Government Code, to make conforming
changes. 

SECTION 4.  (a)  Effective date: September 1, 1999.

(b)  Requires the local administrative judge to transfer all cases from
Wood County that are pending in the 114th District Court or the 294th
District Court to the 410th District Court on the effective date of this
Act. 

(c)  Establishes that when a case is transferred from one court to another
under Subsection (b), all obligations issued from the transferring court
are returnable to the court to which the case is transferred, as if
originally issued by that court.  Provides that all persons summoned to
appear in a court from which a case is transferred are required to appear
before the court to which a case  is transferred, as if originally required
to appear before the court to which the transfer is made.    

SECTION 5.  Emergency clause.