HBA-KDB H.B. 2053 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2053
By: Clark
Judicial Affairs
3/9/2001
Introduced



BACKGROUND AND PURPOSE 

Prior to the 76th Legislative session, municipalities were authorized to
create a municipal court of record without having to request and receive
the passage of legislation by the legislature.  The 76th Legislature passed
legislation that ultimately required a municipality to have a local law
passed before creating a municipal court of record.  This legislation
created confusion as to whether municipalities not listed in statute have
the authority to create a municipal court of record by ordinance.  House
Bill 2053 authorizes municipalities to create a municipal court of record
by ordinance without having a local law passed by the legislature. 

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 2053 amends the Government Code to set forth that provisions
relating to the general law for municipal courts of record apply to each
municipality creating municipal courts of record, and to each municipality
covered by other existing provisions relating to municipal courts of
record. 

EFFECTIVE DATE

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