HBA-KMH H.B. 2136 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2136 By: Hilderbran Judicial Affairs 4/8/1999 Introduced BACKGROUND AND PURPOSE Currently, there is a perceived local need for a new statutory county court in Kendall County. H.B. 2136 creates a new statutory county court in Kendall County. This bill further provides that the county court at law will have concurrent jurisdiction with the district court in all nonfelony cases and family law matters. In addition, this bill provides for the appointment and compensation of special judges and the duties of the district and county clerk in regard to the county court at law. 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 25, Government Code, by adding Sections 25.1321 and 25.1322, as follows: Sec. 25.1321. KENDALL COUNTY. Provides that Kendall County has one statutory county court, the County Court at Law of Kendall County. Sec. 25.1322. KENDALL COUNTY COURT AT LAW PROVISIONS. (a) Provides that in addition to the jurisdiction provided by Section 25.003 (Jurisdiction) and other law, a county court at law of Kendall County has concurrent jurisdiction with the district court in nonfelony criminal cases and family law matters. (b) Requires the commissioners court by order entered of record to set at least two terms of court each year for each county court at law. (c) Prohibits a judge of a county court at law from engaging in the private practice of law. (d) Requires the salary of a judge of a county court at law to be set by the commissioners court and requires it to be paid out of the county treasury on orders from the commissioners court. (e) Authorizes a special judge of a county court at law to be appointed in the manner provided by law for the appointment of a special county judge. Provides that a special judge must have the same qualifications and entitles the special judge to the same rate of compensation as the regular judge. (f) Provides that the district clerk serves as the clerk of a county court at law in matters in which the county court at law has concurrent jurisdiction with the district court. Provides that the county clerk serves as the clerk of a county court at law in all other matters. SECTION 2. Creates the County Court at Law of Kendall County on January 1, 2001, or on an earlier date determined by the commissioners court by an order entered into its minutes, notwithstanding Section 25.1321, Government Code, as added by this Act. SECTION 3.Emergency clause. Effective date: 90 days after adjournment.