HBA-GUM S.B. 1875 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1875 By: Fraser Judicial Affairs 5/21/1999 Engrossed BACKGROUND AND PURPOSE The need for a county court at law in Brown County is primarily due to the overload and backlog in cases for both the county court and the district court. As of December 31, 1998, the total number of pending cases in the county court was 2,469, and in the district court it was 2,024. There were approximately 2,000 cases added during the year, with dispositions running at approximately half of what has been filed. The backlog is preventing the county from receiving the maximum amount of the revenue possible to be generated from these courts, but more importantly the citizens whose cases are before the courts are not being adequately served. S.B. 1875 creates the County Court at Law of Brown County. 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 25.0271 and 25.0272, as follows: Sec. 25.0271. BROWN COUNTY. Provides that Brown County has one statutory county court, the County Court at Law of Brown County. Sec. 25.0272. BROWN COUNTY COURT AT LAW PROVISIONS. (a) Provides that in addition to the jurisdiction provided by Section 25.0003 (Jurisdiction) and other law, a county court at law of Brown County has concurrent jurisdiction with the district court in family law cases and proceedings, and felony criminal cases. (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 that the salary of a judge of a county court at law be set by the commissioners court in accordance with law, and be paid out of the county treasury on orders from the commissioners court. (e) Provides that a special judge of a county court at law may be appointed in the manner provided by law for the appointment of a special county judge, and that the judge must have the same qualifications and is entitled 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, and that the county clerk serves as the clerk of a county court at law in all other matters. SECTION 2. Provides that the County Court at Law of Brown County is created January 1, 2001, or on an earlier date determined by the commissioners court, notwithstanding Section 25.0271, Government Code. SECTION 3. Emergency clause. Effective date: 90 days after adjournment.