HBA-BSM H.B. 3627 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3627 By: Hope Judicial Affairs 66/14/2001 Enrolled BACKGROUND AND PURPOSE Montgomery County is one of the fastest growing counties in Texas. The county has grown by 61.2 percent since the 1990 census. The three county courts at law in Montgomery County have been overwhelmed by the growth and resulting caseload. To keep pace with the number of cases in county courts, the Montgomery County Commissioners Court passed a resolution requesting the creation of a fourth court. House Bill 3627 creates County Court at Law No. 4 of Montgomery 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 3627 amends the Government Code to create County Court at Law No. 4 of Montgomery County. The bill removes the provision that a county court at law in Montgomery County has concurrent jurisdiction with the district court in cases related to the Uniform Interstate Family Support Act. The bill removes provisions relating to the concurrent jurisdiction of County Court at Law No 1. of Montgomery County with the justice court in all criminal matters and having the same terms of court as the County Court of Montgomery County. The bill requires the commissioners court to prescribe at least four terms each year for a county court of law in Montgomery County. The bill prohibits the judge of a county court at law from engaging in the private practice of law. The bill requires the judge of a county court to be paid annually not less than $1,000 less than the total annual salary, including supplements, of any district judge in the county. The bill removes the provision that authorizes a special judge of a county court to be appointed to try a case that a judge of a county court has been disqualified from adjudicating. The bill requires juries in a county court at law, rather than County Courts at Law Nos. 1 and 2, to be composed of six members. Juries in family law cases and proceedings shall be composed of 12 members unless the parties agree to a sixmember jury. The bill authorizes jurors to be summoned for service in the county court, a county court at law, or a district court in Montgomery County and used interchangeably in the courts. The bill removes the provisions regarding the transfer of jurors to another court and jurors who are regularly summoned by the district courts of Montgomery County. The bill provides that appeals in all cases from judgments and orders of a county court at law, rather than County Courts at Law Nos. 2 and 3, are to the court of appeals as provided for appeals from district and county courts. EFFECTIVE DATE January 1, 2002.