HBA-BSM H.B. 2307 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2307
By: Clark
Judicial Affairs
77/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, Cooke County had a county court and one
district court.  A burden was created by the county judge having the duty
of overseeing the administration of the county as well as handling the
judicial duties of a docket containing a backlog of approximately 2,200
cases that was growing by more than 100 cases each month.  The result was
that many cases remained on the court's docket for a number of years before
being set for a hearing.  The situation would be improved by the creation
of a new court.  House Bill 2307 creates a statutory county court in Cooke
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 2307 amends the Government Code to create the County Court at
Law of Cooke County as the statutory county court on December 1, 2001.  The
bill provides that the judge of a county court at law in Cooke County must
meet the qualifications of office for a district judge as well as the
qualification of office for the judge of a statutory county court.  The
bill prohibits a judge of a county court at law from engaging in the
private practice of law.  The bill requires that the county court at law
judge receives the same annual compensation that a district judge is
entitled to receive.   

The bill sets forth provisions regarding the employment of certain
individuals for the operation of each county court at law.  The bill
specifies the procedure for selecting jurors and juror pay.  The bill sets
forth provisions regarding practice and procedure, appeals, and writs of
error for a county court at law.  The bill authorizes the judges of each
district court and county court at law in Cooke County to enter joint local
administrative orders providing for the exchange of benches in cases in
which a district court and county at law have concurrent jurisdiction.
H.B. 2307 provides that the County Court of Cooke County does not have
probate, guardianship, mental health, juvenile, civil, criminal, or
appellate jurisdiction.  The bill also exempts the judge of the county
court from judicial training and instruction. 

EFFECTIVE DATE

December 1, 2001.