BILL ANALYSIS


                                                         H.B. 768
                                            By: Craddick (Bivins)
                                                    Jurisprudence
                                                          5-17-95
                                Senate Committee Report (Amended)
BACKGROUND

Section 74.121(b), Government Code, allows a statutory county court
judge to transfer a case to the docket of a district court with the
consent of 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

As proposed, H.B. 768 authorizes county court and district court
judges to exchange benches and transfer cases on matters of
concurrent jurisdiction; sets forth the jurisdiction for district
courts in Hidalgo, Cameron, and Willacy counties.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 74.121(b), Government Code, to authorize
a judge of a statutory county court and a judge of a district court
to exchange benches and courtrooms with each other and to transfer
cases between their dockets in the same manner that judges of
district courts exchange benches and transfer cases.  Deletes a
provision providing exceptions to this transfer.

SECTION 2. Amends Section 24.195, Government Code, as follows:

     Sec. 24.195.  93RD JUDICIAL DISTRICT (HIDALGO COUNTY).  (a)
     Makes no changes.
     
     (b) Requires the 93rd District Court to give preference to
       all cases and proceedings under Title 3, Family Code. 
       Provides that the 93rd District Court is a family district
       court. 
       
       (c)-(d) Redesignate existing Subsections (b)-(c).
SECTION 3. Amends Section 24.209(a), Government Code, to require
the 107th Judicial District to give preference to cases and
proceedings under Title 3, Family Code, rather than to criminal
cases.  Provides that the 107th District Court is a family court.

SECTION 4. Amends Section 24.240(a), Government Code, to require
the 138th District Court to give preference to all cases and
proceedings under the Family Code.  Provides that the 138th
District Court is a family district court.

SECTION 5. Amends Section 24.385, Government Code, as follows:

     Sec. 24.385.  206TH JUDICIAL DISTRICT (HIDALGO COUNTY).  (a)
     Created from existing text.
     
     (b) Requires the 206th District Court to give preference to
       all criminal cases.  Provides that the 206th District Court
       is the criminal district court for Hidalgo County.
SECTION 6. Amends Section 24.452, Government Code, as follows:

     Sec. 24.452.  275TH JUDICIAL DISTRICT (HIDALGO COUNTY).  (a)
     Created from existing text.
     
     (b) Requires the 275th District Court to give preference to
       all cases and proceedings under the Family Code.  Provides
       that the 275th District Court is a family district court.
       
       SECTION 7.   Effective date: September 1, 1995.

SECTION 8. Emergency clause.