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


Office of House Bill AnalysisH.B. 2307
By: Clark
Judicial Affairs
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, Cooke County has a county court and one district court.  A
burden is 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 is  growing
by more than 100 cases each month.  The result is that many cases remain 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.