BILL ANALYSIS



S.B. 1622
By: Sims (Black)
May 9, 1995
Committee Report (Amended)


BACKGROUND

     There is a perceived local need for a statutory county court
in Bell County.  New case filings in the county court dockets of
Bell County have steadily increased, and the caseload of each court
is continuing to escalate.  A court has not been created in Ball
County for 16 years.  Since that time, the county's population has
increased by a third, and new case filings in the county court
dockets have jumped from about 5300 to more than 11,000 in those 16
years.  The caseload per judge in the county courts is much higher
in Bell County than in neighboring counties.  For new county cases
filed in 1994, Bell County averages 5522 cases per judge compared
to 2835 average for McLennan County, 2434 for Williamson County and
2740 for Coryell County.
     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


Bell
                                                           198,613
                                                             18.9%
                                                            13.1%
                                                                2


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


     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 it 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 the County Court at Law No. 3 of Bell County.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not grant any additional rulemaking authority
to a state officer, department, institution, or agency.


SECTION BY SECTION ANALYSIS

     SECTION 1.  Amends Section 25.0161, Government Code, to include County Court at Law
No. 3 in the list of county courts in Bell County.

     SECTION 2.  Provides that the County Court at Law No. # of Bell County is created January
1, 1999, or on an earlier date determined by the commissioners court by an order entered on its
minutes.

     SECTION 3.  Emergency clause.  Effective date.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 prohibits the judge of the new Bell County court at law from
serving as an assigned 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 May 8, 1995 and pursuant to an announcement made
on May 9, 1995, while the House was still in session, the Committee on Judicial Affairs met in a
formal meeting on May 9, 1995, to consider S.B. 1622.  The Chair laid out S.B. 1622 and recognized
Rep. Goodman to explain.  Rep. Goodman offered committee amendment #1.  There being no
objection, the Chair laid out committee amendment #1 and recognized Rep. Goodman to explain. 
Rep. Goodman moved adoption of the amendment.  There being no objection, the amendment was
adopted.  Rep. Goodman moved that S.B. 1622, as amended, be reported back to the full House, as
amended, 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:  7 ayes, 0 nays, 0 PNV
and 2 absent.