BILL ANALYSIS



H.B. 1642
By: Patterson
C.S.H.B. 1642
By: Goodman
4-11-95
Committee Report (Substituted)


BACKGROUND

     The Hopkins County Court at Law was created by the 72nd
Legislature with an expiration date of December 31, 1996.  The
Hopkins County Commissioners Court is seeking extension of this
court with no expiration date.


PURPOSE

     This bill extends the existence of the County Court at Law of
Hopkins County.


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 Section 25.1141, Government Code, by
deleting the expiration date of December 31, 1996.

     SECTION 2 amends Section 25.1142, Government Code.
           Subsec. (a) is amended to delete probate jurisdiction,
     concurrent with the constitutional county court, and
     concurrent jurisdiction with the justice court in criminal
     matters.
           Subsecs. (b) - (g) are not amended.
           Subsec. (h) is amended to delete references to the
     justice court clerk serving as clerk of the court in matters
     of concurrent jurisdiction which have been removed.
           Subsec. (i) is amended by deleting an expiration date.

     SECTION 3. Effective Date.

     SECTION 4. Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     Sections 1, 3 and 4 in both versions are the same.
     Section 2 in the substitute deletes concurrent jurisdiction
with the justice court in criminal matters in Tex. Gov't Code §
25.1142(a); this deletion was not in the original.  In the original
bill, Section 2 amended Tex. Gov't Code §§ 25.1142(b), (c), and
(d); these subsections were not amended in the substitute. 
Subsections (e) through (g) were not amended in either version. 
Subsec. (h) in the original deleted only a reference to the justice
court clerk for Precinct 1; the entire reference to the justice
court clerk was deleted in the substitute.  The original contained
a new Subsec. (i) providing judicial immunity to the statutory
county court judge; the substitute does not have a new Subsec. (i).


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on March 8, 1995, the
Committee on Judicial Affairs met in a public hearing on March 14,
1995.  The Chair referred H.B. 1642 directly to the Subcommittee on
Judicial Reform.  The members of the subcommittee were Reps. Alonzo
(Chair), Duncan, Solis, Thompson and Willis.
     Pursuant to a public notice posted on March 23, 1995, the
Subcommittee on Judicial Reform met in a public hearing on March
28, 1995, to consider H.B. 1642.  The Chair, Rep. Alonzo, laid out
H.B. 1642 and recognized Rep. Thompson to explain the bill. 
Without objection, the Chair laid out a complete committee
substitute for H.B. 1642 and recognized Rep. Thompson for an
explanation.  Cletis Millsap, Hopkins County justice of the peace,
testified neutrally on the bill.  Rep. Thompson moved to withdraw
the substitute; without objection, the substitute was withdrawn and
the bill was left pending.
     Pursuant to a public notice posted on April 6, 1995, the
Committee on Judicial Affairs met in a public hearing on April 11,
1995, to consider H.B. 1642.  Without objection, the Chair, Rep.
Hartnett, recalled House Bill 1642 from subcommittee.  The Chair
laid out H.B. 1642 and recognized George Korbel, representing
himself, to testify neutrally on H.B. 1642.  The Chair then
recognized Rep. Goodman to explain the bill.  Rep. Goodman offered
a complete committee substitute.  There being no objection, the
Chair laid out C.S.H.B. 1642 and recognized Rep. Goodman to
explain.  Rep. Goodman moved adoption of the substitute.  There
were no objections.  Judge Don Windle, representing the Texas
Assocation of County Courts-at-Law, testified for the bill.  There
were no further witnesses.  Rep. Goodman moved that H.B. 1642, as
substituted, 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.