BILL ANALYSIS



H.B. 768
By: Craddick
4-20-95
Committee Report (Amended)


BACKGROUND

     Section 74.121(b) of the Government Code allows a statutory
county court judge to transfer a case to the docket of a district
court judge with the consent on the district judge.  The statutes
do not authorize the judges of these courts to make exchanges of
benches and cases with each other on matters of concurrent
jurisdiction.


PURPOSE

     This bill would allow statutory county court judges and
district judges to exchange benches and transfer cases on matters
of concurrent jurisdiction.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.


SECTION BY SECTION ANALYSIS

     SECTION 1 amends Tex. Gov't Code § 74.121(b) to allow
statutory county court judges and judges of district courts to
exchange benches and courtrooms with each other and to transfer
cases between their dockets in matters of concurrent jurisdiction.

     SECTION 2.  Effective date.

     SECTION 3.  Emergency clause.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 provides that the exchange of
benches or transfer of cases is subject to the approval of all
parties to the case.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 6, 1995, the
Committee on Judicial Affairs met in a formal meeting on April 20,
1995, to consider H.B. 768.  The Chair laid out H.B. 768 and
explained the bill.  The Chair offered, laid out and explained
committee amendment #1.  The Chair moved adoption of the amendment. 
There being no objection, the amendment was adopted.  Rep. Goodman
moved that H.B. 768, as amended, be reported favorably back to the
full House with the recommendation that it do pass, be printed and
sent to the Local & Consent Calendars Committee.  The motion
prevailed by the following record vote:  6 ayes, 0 nays, 0 PNV and
3 absent.