BILL ANALYSIS



H.B. 3227
By: Junell
5-3-95
Committee Report (Amended)


BACKGROUND

     There is a perceived local need for a statutory county court
in Tom Green County.  The criminal case load of the one county
court at law in Tom Green County is increasing rapidly.  These
cases could be better administered if Tom Green County had two
county courts at law.
     There are currently 185 statutory county courts in Texas.  
These courts were designed to alleviate the county judge of
judicial responsibilities and to ease the docket load of district
courts.  These courts exist in 74, mostly urban, counties and are
funded almost entirely by the counties authorized by the
Legislature to establish such courts.  Under House Bill 66 (72nd
Legislature), counties with minimum jurisdictional, judicial
qualifications and standards, and pay requirements may authorize an
additional state filing fee entitling the county to $25,000 per
court from state revenue.
     The table below compares the populations, ethnic composition,
and current number of statutory county court judges for all the
counties which have requested new statutory county courts.  Because
of multiple variances in jurisdiction, valid comparisons of docket
filings, management and caseload growth between the statutory
county courts of different counties cannot be made.


County
                               1990
                               Pop.
%
Black
%
Hispanic
                             Current
no.
                            of judges


Cameron
                                                           260,120
                                                             0.3%
                                                            81.9%
                                                                2


Collin
                                                           264,036
                                                             4.1%
                                                             6.9%
                                                                3


Denton
                                                           273,525
                                                             5.0%
                                                             7.0%
                                                                3


Matagorda
                                                           36,928
                                                             13.8%
                                                            24.6%
                                                                0


Tom Green
                                                           102,337
                                                             4.2%
                                                            25.9%
                                                                1


     Countywide, multimember at-large elections in urban areas exist now only in the context of
judicial elections.  Such election systems have been traditionally employed in order to dilute minority
voting strength and to deny racial minorities the ability to elect candidates of their choice.  Texas is
currently defending a number of suits challenging countywide, multimember, at-large elections for
judicial candidates in urban areas.
     Because of its rich history of racial discrimination and voter intimidation, Texas is subject
to Section 5 of federal Voting Rights Act, which requires Texas to preclear changes in its elections
system to ensure that racial minority voting strength is not diluted.  The U.S. Justice Department has
refused to preclear any new multimember, urban district or county courts in Texas since 1989.
     It is the opinion of this committee that this bill does not violate the federal Voting Rights Act.


PURPOSE

     This bill creates County Court at Law No. 2 of Tom Green 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.  Section 25.2281, Government Code, is amended to create County Court at Law
No. 2 of Tom Green County.

     SECTION 2.  The court is created January 1, 1997, or on an earlier date determined by the
commissioners court by an order entered in its minutes.

     SECTION 3.  Emergency clause.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 prohibits the judge of the court created by this bill from
serving as an assigned (visiting) judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson,
Lubbock, Midland, Tarrant or Travis County.


SUMMARY OF COMMITTEE ACTION

     Pursuant to an announcement made on the House Floor on May 3, 1995, while the House was
still in session, the Committee on Judicial Affairs met in a formal meeting on May 3, 1995.  The
Chair laid out H.B. 3227 and explained the bill.  Rep. Alonzo offered committee amendment #1. 
There being no objection, the Chair laid out committee amendment #1 and recognized Rep. Alonzo
to explain the amendment.  Rep. Alonzo moved adoption of the amendment.  There being no
objection, the amendment was adopted.  Rep. Thompson moved that H.B. 3227, 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:  6 ayes, 0 nays, 0 PNV and 3 absent.