BILL ANALYSIS


                                                         H.B. 824
                                            By: Uher (Armbrister)
                                                    Jurisprudence
                                                          5-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

An increasing criminal, probate, and juvenile docket in Matagorda
County's constitutional county court threatens to diminish the
ability of the county judge to efficiently manage administrative
duties.

There are currently 185 statutory county courts in Texas.  These
courts were designed to alleviate the county judge of judicial
responsibilities and to ease the docket load of district courts. 
These courts exist in 74, mostly urban, counties and are funded
almost entirely by the counties authorized to establish such
courts.  

Countywide, multimember at-large elections in urban areas exist now
only in the context of judicial elections.  These systems may
result in diluting minority voting strength.  Texas is currently
defending a number of suits challenging countywide, multimember,
at-large elections for judicial candidates in urban areas and is
required to preclear changes in its elections system to ensure that
racial minority voting strength is not diluted.  The U.S. Justice
Department has refused to preclear any new multimember, urban
district or county courts in Texas since 1989.

PURPOSE

As proposed, H.B. 824 establishes a new statutory county court in
Matagorda County.

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 Chapter 25C, Government Code, by adding Sections
25.1631 and 25.1632, as follows:

     Sec. 25.1631.  MATAGORDA COUNTY.  Provides that Matagorda
     County has one statutory county court, the County Court at Law
     of Matagorda County.
     
     Sec. 25.1632.  MATAGORDA COUNTY COURT AT LAW PROVISIONS.  (a)
     Provides that a county court at law in Matagorda County has
     concurrent jurisdiction with the district court in family law
     cases and proceedings and concurrent jurisdiction with the
     district court in criminal cases, notwithstanding any law
     granting exclusive jurisdiction to the district court.
     
     (b) Provides that a county court at law has concurrent
       jurisdiction with the justice court in criminal matters
       prescribed by law for justice courts.  Provides that this
       subsection does not affect the right of appeal to a county
       court at law from a justice court where the right of appeal
       to the county court exists by law.
       
       (c) Provides that the district clerk serves as clerk for the
       county court at law in matters of concurrent jurisdiction
       with the district court and requires the county clerk to
       serve as clerk of a county court at law in all other cases. 
       Requires the commissioners court to provide the personnel
       necessary to operate a county court at law.
       
       (d) Prohibits a person sitting in the capacity of a county
       court at law judge in Matagorda County from sitting as an
       assigned judge in certain large counties.
       
       SECTION 2.   Provides that the county court at law of Matagorda
County is created January 1, 1998, or on an earlier date determined
by the commissioners court.

SECTION 3. Emergency clause.
           Effective date: 90 days after adjournment.