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


Office of House Bill AnalysisH.B. 1394
By: Berman
Judicial Affairs
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the City of Bullard does 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 sounding 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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.