BILL ANALYSIS


                                                    C.S.H.B. 1774
                                             By: Oliveira (Lucio)
                                                    Jurisprudence
                                                          5-17-95
                            Senate Committee Report (Substituted)
BACKGROUND

The district courts in Cameron County handle cases dealing with
juvenile and family law matters.  These cases are extremely time
consuming and may be more efficiently processed in a court
specializing in these matters.  The dockets of the district courts
and the county courts at law in Cameron County are extremely
overcrowded.  The county courts at law have a backlog of nearly
11,000 cases pending as of the end of the last fiscal year, and the
backlog is steadily increasing with 2,324 new cases arising last
year.

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 by the legislature to
establish such courts.

Countywide, multimember at-large elections in urban areas exist not
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, C.S.H.B. 1774 establishes a new statutory county court
in Cameron County; sets forth the jurisdiction for district courts
in Cameron, Willacy, and Hidalgo 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 25.0331(a), Government Code, to include
County Court at Law No. 3 of Cameron County in the list of Cameron
County statutory courts.

SECTION 2. Amends Section 25.0332(a), Government Code, to provide
that a county court at law in Cameron County has concurrent
jurisdiction with the district court in family law cases and
proceedings and juvenile matters, rather than concurrent with the
county court probate jurisdiction and concurrent jurisdiction with
the district court in civil cases in which the amount is between
$500 and $100,000, excluding interest.

SECTION 3. Amends Section 25.0332, Government Code, by adding
Subsection (b), to authorize the district court to transfer to a
county court at law any family law case, any juvenile matter, or
any civil action over which the county court at law has
jurisdiction.

SECTION 4. Amends Section 25.0332(j), Government Code, to provide
that the district clerk serves as clerk of a county court at law
for civil actions transferred under Subsection (b), family law
cases, and juvenile matters, and the county clerk serves as clerk
for all other cases.

SECTION 5. Amends Section 25.0332(k), Government Code, to make a
conforming change.

SECTION 6. Amends Section 25.0332, Government Code, to prohibit a
person sitting in the capacity of a judge for County Court at Law
No. 3 from sitting as an assigned judge in Bexar, Dallas, Ector,
Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis
County.

SECTION 7. Amends Section 24.195, Government Code, to require 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.  Redesignates existing Subsections (b)-(c) as Subsections (c)-(d).

SECTION 8. Amends Section 24.209(a), Government Code, to require
the 107th District Court to give preference all cases and
proceedings under Title 3, Family Code, rather than criminal cases. 
Provides that the 107th District Court is a family district court.

SECTION 9. 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, rather than criminal cases. 
Provides that the 138th District Court is a family district court.

SECTION 10.    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 a criminal district court for Hidalgo County.
       
SECTION 11.    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 12.    Effective date: September 1, 1995.

SECTION 13.    Emergency clause.