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.