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.