BILL ANALYSIS


                                                        H.B. 2673
                                         By: Thompson (Henderson)
                                                    Jurisprudence
                                                          5-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

The statutory county courts have been used to lessen the backlog of
cases in district courts created by the state's unwillingness and
inability in some areas to create additional district courts.  Many
counties have created statutory county courts or increased the
jurisdiction of existing courts in response.  The 72nd Legislature
passed H.B. 66 to establish a system to help fund statutory county
courts throughout the state through the collection of fees and
costs to help fund the state work being done by these county
courts.  Under the system created, counties opt into the funding
system by meeting certain conditions regarding court fees, costs,
and salary levels.  In return the county receives at least $25,000
per court.  In the original projections, it was estimated that the
collection of these fees would generate at least $25,000 per court. 
The appropriations bills from the last two legislative sessions
have contained provisions that limited outlays to the amount of
fees actually collected.  The fees collected have not reached
expected levels, so the counties have receive prorated portions of
the state's $25,000 contribution.  Many counties have increased the
judges' salaries to levels higher than the amount of funds they
have received from the state.  Due to these problems in the current
funding system, many counties are considering opting out of this
system.

PURPOSE

As proposed, H.B. 2673 increases the credit counties receive in the
judicial fund for cases heard in statutory county courts; increases
the filing fees for civil cases and court costs for criminal cases
heard in statutory county courts.

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 25.0016(c), Government Code, to require
the comptroller, in determining the amount deposited in the
judicial fund for a county that collects fees and costs, to credit
$30 of each fee, rather than one-half of the fees, deposited in the
judicial fund by that county for cases assigned to a statutory
county court as fees.

SECTION 2. Amends Sections 51.702(a) and (b), Government Code, to
require the clerk of a statutory county court to collect a $30,
rather than $20, filing fee in each civil case files to be used for
court-related purposes.  Requires a person to pay $15, rather than
$10, as a court cost on conviction of any criminal offense in a
statutory county court.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Emergency clause.
           Effective date: 90 days after adjournment.