HBA-KDB, JLV C.S.H.B. 62 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 62 By: Wolens Judicial Affairs 3/2/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, district, county, statutory county, and statutory probate court judges are required to conduct judicial proceedings at the county seat. Though recent case law suggests that trials may be held in locations in the county seat other than the courthouse, the law is unclear with regard to whether judges of the district, statutory county, statutory probate, and county courts can try civil cases at other locations, including public, private, or independent institutions of higher education or public or private high schools elsewhere in the county. There are concerns that this uncertainty in the law may deprive students of the opportunity to witness judicial proceedings in an academic setting. C.S.H.B. 62 extends authority to a judge of a district, statutory county, statutory probate, or county court to try a civil case at an institution of higher education, a private or independent institution of higher education, or a public or private high school in the county in which the case was filed. 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 C.S.H.B. 62 amends the Government Code to authorize a judge of a district, statutory county, statutory probate, or county court to try a civil case at an institution of higher education, a private or independent institution of higher education, or public or private high school (alternate locations) in the county in which the case was filed. The bill provides that a county in which a case is tried at any of the alternate locations is not required to pay additional costs incurred because the case is tried at an alternate location. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original by providing that a private or independent institution of higher education or a public or private high school is also an alternate location where a civil case is authorized to be tried. The substitute also modifies the original by authorizing a judge of a statutory or statutory probate court to try civil cases at an alternate location. The substitute adds new language to provide that a county in which a case is tried at an alternate location is not required to pay additional costs incurred because the case is tried at an alternate location.