HBA-GUM, KMH H.B. 3176 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3176
By: King, Phil
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the jurisdictional maximum amount in
controversy for civil cases filed in the Parker County Court at Law was the
sum of $100,000.  An increase to $500,000 in controversy was sought to make
Parker County consistent with other county courts at law throughout the
state.  This amount is more realistic in view of the economic factors
involved in civil litigation. 

Parker County has one district court with countywide jurisdiction along
with one county court at law. The county court at law had civil
jurisdiction along with one county court at law.  The county court at law
had civil jurisdiction from the time of its creation by the legislature and
such jurisdiction may be more realistically utilized if the jurisdictional
limit was increased.  The district court caseload was at the time
approximately 1,800 cases. 

The creation of an increased jurisdictional limit in the county court at
law may have the effect of moving some of the civil litigation filings to
the county court at law while, at the same time, allowing for a significant
amount of the civil litigation to mandatorily be filed in the district
court. 

H.B. 3176 increases the jurisdictional amount in controversy limit to
$500,000 from $100,000. 

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 Section 25.1862(a), Government Code, to expand the
jurisdiction of the county court at law in Parker County to include
concurrent jurisdiction with the district court in civil cases in which the
matter in controversy exceeds $500 but does not exceed $500,000, excluding
interest, statutory or punitive damages and penalties, and attorney's fees
and costs, as alleged on the face of the petition. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.