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.