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.