HBA-CBW H.B. 1394 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1394
By: Berman
Judicial Affairs
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the City of Bullard did not have a municipal
court of record.  Without a record of court proceedings, a person may
appeal a municipal court decision to a county court without prima facie
evidence of judicial or clerical error, effectively resulting in a de novo
trial for that person.  In addition to the possible nullification of
soundly made municipal court decisions, such appeals to the county court
may cause a backlog in county court cases.  The creation of a municipal
court  of record may reduce the number of appeals filed with the county
court.  House Bill 1394 creates a municipal court of record in Bullard. 

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. 

ANALYSIS

House Bill 1394 amends the Government Code to create a municipal court of
record in Bullard. The bill provides that a judge must be a resident of
this state and a citizen of the United States. The bill provides that a
municipal judge of a municipal court of record is not required to be a
licensed attorney in good standing or to have two or more years of
experience in the practice of law in this state. 

EFFECTIVE DATE

June 11, 2001.