BILL ANALYSIS H.B. 3214 By: Hawley 4-28-95 Committee Report (Amended) BACKGROUND The Bee County Commissioners Court unanimously approved the creation of a court to process civil, juvenile, criminal, probate and mental commitment cases in a rapid and efficient manner. The caseloads in the Bee County Court and district courts have increased significantly in the last two years. A new court will be helpful in processing the hundreds of new cases that are being filed in the district courts by Texas Department of Criminal Justice prisoners. PURPOSE This bill creates a statutory county court in Bee County. 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 Chapter 25C, Government Code, by adding Sections 25.0151 and 25.0152 as follows: Sec.25.0151. BEE COUNTY. Provides that Bee County has one statutory county court, the County Court at Law of Bee County. Section 25.0152. BEE COUNTY COURT AT LAW PROVISIONS. Subsec. (a) Provides that a county court at law in Bee County has concurrent jurisdiction with the district court in family law cases and proceedings and with the district court in criminal cases. Subsec. (b) Provides that a county court at law has concurrent jurisdiction with the justice court in all criminal matters prescribed by law for justice courts. Provides that this subsection does not affect the right of appeal to a county court at law from a justice court where the right of appeal to the county court exists by law. Subsec. (c) Authorizes the judge to appoint a court coordinator or administrative assistant for a county court at law. Provides that an assistant performs the duties prescribed by the judge and cooperates with the administrative judges and state agencies for the operation of the courts and the administration of justice. Entitles the assistant to be paid from county funds the compensation, fees, and allowances set by the commissioners court or as otherwise provided by law. Subsec. (d) Provides that the district clerk serves as clerk of a county court at law in matters of concurrent jurisdiction with the district court, and requires the county clerk to serve as clerk in all other cases. Requires the commissioners court to provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law. Subsec. (e) Requires the county attorney and the county sheriff to attend a county court at law as required by the judge. SECTION 2. Provides that the County Court at Law of Bee County is created January 1, 1998, or on an earlier date determined by the commissioners court. SECTION 3. Emergency clause. Effective date. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 prohibits the judge of the court from being assigned as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis counties. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on April 26, 1995, the Committee on Judicial Affairs met in a formal meeting on April 28, 1995, to consider H.B. 3214. The Chair laid out H.B. 3214 and explained the bill. Rep. Alonzo offered Committee Amendment #1 and explained the amendment. Rep. Alonzo moved adoption of Committee Amendment #1. There being no objection, the amendment was adopted. Rep. Alonzo moved to report H.B. 3214 favorably back to the full House, as amended, 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: 6 ayes, 0 nays, 0 PNV and 3 absent.