BILL ANALYSIS

Judicial Affairs Committee

By: Elkins
4-11-95
Committee Report (Amended)

BACKGROUND

     Currently, law prohibits a municipality from conducting court
proceedings outside of its borders.  Small municipalities,
especially those which are primarily residential, may not have
suitable buildings for a municipal court to conduct proceedings. 
However, some of these municipalities are already involved in
interlocal contracts with one another; for instance, they may share
a common police or fire department.  Therefore, it would improve
the efficiency of these municipalities could they conduct
proceedings in a common courthouse that resides within the
boundaries of one of the contracting municipalities. 


PURPOSE

     To allow municipal court proceedings, for municipalities
sharing a single police department, to occur within any contracting
party's limit.


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.  Subchapter B, Chapter 29, Government Code is
amended by adding Section 29.105.  A municipal court of a
municipality that contracts with one or more municipalities for the
operation of a joint police department may conduct its proceedings
within the municipal limits of any municipality that is a party to
the contract.

     SECTION 2.  Emergency clause.  Effective date.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 clarifies the language in new
Government Code Section 29.105.


SUMMARY OF COMMITTEE ACTION

     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 House Bill 2405.  The Chair laid out H.B. 2405
and recognized the author, Rep. Eilkins, to explain.  Michael
Quast, Police Sergeant, Village Police Department, representing
himself, testified for H.B. 2405.  Rep. Goodman offered a committee
amendment.  There being no objection, the Chair laid out committee
amendment #1 and recognized Rep. Goodman to explain.  Rep. Goodman
moved adoption of the amendment.  There were no objections.  Rep.
Goodman moved that H.B. 2405, as amended, 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:  7 ayes, 0 nays, 0
PNV and 2 absent.