HBA-BSM H.B. 1765 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1765
By: Turner, Bob
Judicial Affairs
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

As Brown County continues to increase in population, so does the number of
both civil and criminal cases in the court system.  There is a need for a
larger judicial system to handle the rise in cases.  House Bill 1765
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. 

ANALYSIS

House Bill 1765 amends the Government Code to create the County Court at
Law of Brown County as a statutory county court.  The bill provides that
the county court of law  has concurrent jurisdiction with the district
court in family law cases and proceedings and felony criminal cases.  The
commissioners court by order entered of record is required to set at least
two terms of court each year for each county court at law. A judge of a
county court at law is prohibited from engaging in the private practice of
law.  H.B. 1765 also requires the salary of a judge of a county court at
law to be set by the commissioners court and paid out of the county
treasury on orders from the commissioners court. 

H.B. 1765 authorizes a special judge of a county court at law to be
appointed in the manner provided for the appointment of a special county
judge, and is eligible for appointment if the special judge has the same
qualifications as the regular judge.  H.B. 1765 provides that the district
clerk serves as the clerk of a county court at law in matters in which the
county court has concurrent jurisdiction with the district court.   

The bill provides that the county court at law of Brown County is created
January 1, 2003, or on an earlier date determined by the commissioners
court. 

EFFECTIVE DATE

The Act takes effect on the 91st day after adjournment.