HBA-NMO H.B. 3854 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3854
By: Thompson
Judicial Affairs
5/8/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires that probate cases be filed in particular Harris
County Statutory Probate Courts by the last number in the case number. The
intent of the law is to provide for random filings in the Harris County
Statutory Probate Courts.  However, some lawyers avoid certain judges or
have their cases assigned to certain courts by manipulating this case
number  filing system.  H.B. 3854 requires the county clerk to assign and
docket cases at random to the Harris County Statutory Probate Courts. 

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 25.0134(j), Government Code, to require the
county clerk to assign and docket at random, rather than file, matters and
proceedings filed in the statutory probate courts according to the
following percentages:  Probate Court No. 1 of Harris County, 30 percent;
Probate Court No. 2 of Harris County, 30 percent; Probate Court No. 3 of
Harris County, 20 percent; and Probate Court No. 4 of Harris County, 20
percent.  Deletes language requiring that cases ending in 3 and 4 be filed
in the Probate Court No. 1 of Harris County, cases ending in 0 or 5 be
filed in the Probate Court No. 3 of Harris County, all other cases ending
in an odd number be filed in Probate Court No. 1 of Harris County, and all
other cases ending in an even number be filed in Probate Court No. 2 of
Harris County.  Deletes language that requires the clerk to file the cases
in the courts in the order in which the cases were deposited with the clerk
for filing.  Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 3.  Emergency clause.