pmwj H.B. 412 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 412
By: Hartnett
2-19-97
Committee Report (Unamended)



BACKGROUND 

 There are five statutory county courts at law in Dallas County which have
concurrent jurisdiction with the district courts involving cases in which
the amount in controversy is between $500 and $100,000. 


PURPOSE

 House Bill 412 increases the jurisdiction of Dallas County's statutory
county courts to provide concurrent civil jurisdiction with the district
courts.  This will allow the district courts to concentrate more on
family, juvenile and criminal cases. 


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 adds new Subsection (a), (c) and (d) to Tex. Gov't Code '
25.0592 [note: previous unrelated Subsecs. (a),(c) and (d) were repealed
in 1991]: 
 New Subsec. (a) provides that Dallas County statutory county courts have
concurrent civil jurisdiction with Dallas County district courts in
addition to jurisdiction specified by Tex. Gov't Code ' 25.0003. 
 Current Subsec. (b) is unchanged.
 New Subsec. (c) provides that civil cases which are mistakenly filed,
docketed, assigned or tried in a Dallas County statutory county court that
lacks subject-matter jurisdiction are considered clerical errors and can
be corrected by a judgment or order nunc pro tunc.  Thus, civil cases
which are mistakenly filed, docketed, or assigned in a Dallas County
statutory county court that lacks subject-matter jurisdiction are
considered to have been filed, docketed or assigned in the district court.
A statutory county county court judge who acts on a civil case which is
mistakenly filed in a Dallas County statutory county court that lacks
subject-matter jurisdiction is considered to have acted under assignment
in a Dallas County district court. 
 New Subsec. (d) provides that judgments and determinations of fact or law
in a Dallas County statutory county court are res judicata and constitute
a basis for collateral estoppel in any other court except appellate
courts. 

 SECTION 2.  Emergency clause.  Effective date.