BILL ANALYSIS



H.B. 3188
By: Craddick
4-25-95
Committee Report (Unamended)


BACKGROUND

     Currently, the Midland County Courts at law have
jurisdictional limits which impede effective case management in the
Midland Courts.  Further, the current system for payment for County
Court at law judges and bailiffs is not competitive given the scope
of the courts' jurisdiction.


PURPOSE

     This bill expands the concurrent jurisdiction of county courts
at law and district courts in Midland County.  The bill also
corrects pay parity between the county courts at law and the
district courts.


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 25.1672(a), Government Code, to
expand the jurisdiction of county courts of law in Midland County,
currently given concurrent jurisdiction with the district courts in
family law cases, to include civil cases in which the matter of
controversy is between $500 and $500,000, excluding interest,
damages, and attorney's fees.

     SECTION 2 amends Section 25.1672, Government Code, by adding
Subsection (c) to provide that in matters of concurrent
jurisdiction, judges of the county courts at law may exchange
benches and courtrooms with district courts, and may transfer cases
between their dockets in the same manner that district court judges
exchange benches and transfer cases.

     SECTION 3 amends Section 25.1672(d), Government Code, to
change the salary requirements of county courts at law judge from
"at least 90 percent of the annual salary...of a district judge,"
to "at least equal to $1,000 less than the total annual salary,
including supplements, of a district judge..."  It also provides
education to be a reimbursable expense to the same extent as a
county judge.  Bailiffs and official court reporters of the county
courts at law shall receive the same compensation as their
counterparts in the district coruts of the county.

     SECTION 4 amends Section 25.1672(g), Government Code, to
change language to be consistent with Section 1 of the bill.

     SECTION 5.  Repeals Secitons 25.1672(e), (h), (i), and (j),
Government Code.

     SECTION 6.  Effective date.

     SECTION 7.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

     Pursuant to suspension of the five-day posting rule on April
25, 1995, the Committee on Judicial Affairs met in a public hearing
on April 25, 1995, to consider House Bill 3188.  The Chair laid out
H.B. 3188.  There were no witnesses.  Without objection, H.B. 3188
was left pending. Following subsequent business, the Chair again
laid out H.B. 3188 and explained the bill.  Rep. Hartnett moved to
report H.B. 3188 favorably back to the full House, without
amendment, with the recommendation that it do pass, be printed and
sent to the Committee on Local and Consent Calendars.  The motion
prevailed by the following record vote:  5 ayes, 0 nays, 0 PNV and
4 absent.