BILL ANALYSIS



S.B. 387
By: Turner (Kubiak)
March 7, 1995
Committee Report (Unamended)

BACKGROUND

The three-county juvenile justice board of Milam, Falls, and
Robertson counties are currently in the process of building a new
juvenile justice center that will provide a 40-bed juvenile justice
detention facility located in Rockdale in Milam County, Texas.  The
juvenile justice center will be built to provide office space for
juvenile probation officers, court staff, and prosecutors.  In
addition, the building will have full courtroom facilities and a
conference room.  Current law does not allow counties having a
population of under 30,000 to hold jury trials outside the county
seat.  The Milam County Courthouse was built in 1891 and only has
one courtroom in which a jury trial can be conducted.  Often, the
county judge and the district judge have jury trial dockets that
each require the use of the one courtroom that is presently
available.

PURPOSE

As proposed, S.B. 387 authorizes counties with populations under
30,000 to maintain a branch courthouse outside the county seat and
permits certain governmental entities to maintain a branch office
and conduct authorized functions at the branch courthouse..

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 Chapter 292B, Local Government Code, by adding
Section 292.0231, as follows:

     Sec. 292.0231.  FACILITIES IN COUNTIES WITH POPULATIONS UNDER
     30,000.
       (a)  Provides that this section applies only to a county
     with a population of less than     30,000.
     
     (b)  Authorizes the commissioners court of a county to
       provide for, operate, and maintain a branch courthouse
       outside the county seat.  Authorizes the commissioners court
       to provide for a branch courthouse by constructing a
       building or by purchasing, renting, or leasing office space. 
       Requires the expense of operating and maintaining the branch
       courthouse to be paid from county funds used to operate and
       maintain other county buildings.
       
       (c)  Provides that, if the branch courthouse is in a county-owned building, the commissioners court has care and custody
       of the building and may operate, maintain, and limit the use
       of the building as necessary.
       
       (d)  Authorizes an office, department, facility, court, or
       another agency of the county, on approval of the
       commissioners court, to maintain a branch office in the
       branch courthouse, and conduct any function at the branch
       office that the entity is authorized to conduct at the
       courthouse. 
       
     SECTION 2.     Emergency clause.
           Effective date: 90 days after adjournment.



SUMMARY OF COMMITTEE ACTION
SB 387 was considered by the Committee on County Affairs in a
public hearing on 3/1/95. SB 387 was reported favorably without
amendment with the recommendation that it do pass and be printed
and be sent to the Local and Consent Calendars, by a record vote of
6 Ayes, 0 Nays, 0 PNV, 3 Absent.