HBA-SEP H.B. 3632 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3632
By: Farabee
Judicial Affairs
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, multiple filings are required in different courts to
resolve multiple issues between parties. In addition, there may be a need
to simplify filing and docketing procedures of certain misdemeanor cases.
House Bill 3632 modifies the jurisdiction of a county court at law in
Wichita 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 3632 amends the Government Code to provide that a county court
at law of Wichita County has general jurisdiction and concurrent
jurisdiction with the county court in misdemeanor cases and probate and
mental health matters.  The bill removes provisions giving a county court
at law concurrent jurisdiction with the county court in juvenile, child
neglect, or dependency proceedings.  All appeals from municipal courts of
record, misdemeanor cases, and probate and mental health matters are
required to be filed in the county court at law.  A county court of law is
authorized to transfer a case or certain appeals to the county court with
the consent of the county judge.  Except in a county that has a statutory
probate court, a county court at law has concurrent jurisdiction with the
district court in civil cases.  A county court at law does not have
jurisdiction of a case under the Alcoholic Beverage, Election, or Tax
codes; a matter over which the district court has jurisdiction; or a civil
case, other than a case under the Family or Texas Probate codes, in which
the amount in controversy is not more than the maximum amount in
controversy allowed the justice court in Wichita County or more than
$100,000, exclusive of punitive or exemplary damages, penalties, interest,
costs, and attorney's fees.  

On the motion of any party, a county court at law is authorized to transfer
a civil case originally filed in a county court at law that exceeds the
maximum amount in controversy to the district court unless an announcement
of ready for trial by all parties before a motion to transfer the case is
filed confers original jurisdiction on the county court at law.  A
transferred case is required to be completed under the same cause number
and in the same manner as if the case were originally filed in the district
court.  

The judge of a county court at law is required to be paid an annual salary
that is $1,000 less than, rather than not to exceed 90 percent of, the
total annual salary received by a district judge in the county.  The judge
is required to be paid in installments in the same manner as other county
employees rather than in monthly installments.   

EFFECTIVE DATE

September 1, 2001.