BILL ANALYSIS S.B. 1720 By: Truan (Hunter of Nueces) 05-16-95 Committee Report (Unamended) BACKGROUND District courts in Nueces County have a large docket of cases while county courts have a lighter load. At the end of fiscal year 1994, there were 18,000 cases pending in the eight district courts in Nueces County, Dallas, Denton, and El Paso counties are currently allowed to refer district court cases to county courts at law. PURPOSE S.B. 1720 amends the jurisdiction, duties, and immunities of the county courts at law of Nueces 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 Section 25.1802, Government Code, by adding Subsections (a), (d), (l) through (q), as follows: (a) Sets forth jurisdiction for a county court at law in Nueces County. (d) Provides that a county court at law does not have jurisdiction of felony cases, misdemeanors involving official misconduct, contested elections, or family law cases, with exceptions. (l) Provides that a county court at law does not have general supervisory control over the commissioners court. (m) Prohibits a county court at law from issuing writs of habeas corpus in felony cases. (n) Provides that the district clerk serves as clerk of a county court at law in cases in the concurrent jurisdiction of the county courts at law and the district courts, and the county clerk serves as the clerk in all other cases. Requires the district clerk to establish a separate docket for each county court at law and charge the same fees as are allowed in district court cases. (o) Requires the jury to be composed of six members unless the constitution requires a 12-member jury. Provides that failure to object before a six-member is seated and sworn constitutes a waiver of a 12-member jury. (p) Provides that if any cases or proceeding is lodged with the district clerk and the district clerk files, dockets, or assigns the cause or proceeding in or to a county court at law and the county court at law does not have subject matter jurisdiction, then the action is considered a clerical error and that error shall be corrected by a judgment or order nunc pro tunc. Provides that the cause or proceeding is considered filed, docketed, or assigned to the district court of the local administrative judge int he first instance rather than to a county court at law of Nueces County. Provides that the judge of a county court at law of Nueces County who acts in the cause or proceeding is considered assigned to the district court of the local administrative judge for that purpose and has all the powers of the judge of that district court under the assignment. (q) Provides that the judges of the county courts at law of Nueces County have the same judicial immunity as a district judge. SECTION 2. Effective date. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to an announcement made on May 16, 1995, while the House was still in session, the Committee on Judicial Affairs met in a formal meeting on May 16, 1995. The Chair laid out S.B. 1720 and explained. Rep. Alonzo moved that S.B. 1720 be reported 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: 9 ayes, 0 nays, 0 PNV and 0 absent.