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.