PMWJ H.B. 732 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 732
By: Staples
3-12-97
Committee Report (Unamended)



BACKGROUND 

 Currently, the Anderson County Court at Law has concurrent jurisdiction
with the district court in probate matters, including will contests,
family law cases and proceedings, and, in felony cases to conduct
arraignments, conduct pretrial hearings, and accept guilty pleas.  In the
course of general and contested probate proceedings, Texas Trust Code
issues regularly are confronted.  Many litigants are inconvenienced by the
"splitting" of suits heard in two separate courts. 
 Under the present statute, the Anderson County Court at Law regularly
hears guilty pleas in criminal cases.  In many cases where probation was
assigned, it is revoked.  In this instance, the case is then heard in a
court which has jurisdiction, but not familiarity.  Normally, the awarding
court would hear probation revocation proceedings; however, this is not
currently possible. 


PURPOSE

 As proposed, H.B. 732 grants concurrent jurisdiction with the district
court to the Anderson County Court at Law in criminal cases and Trust Code
matters.  This bill will allow greater flexibility in the scheduling and
docketing of cases in both the Anderson County Court at Law and district
court.  


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 Subparagraphs (C) and (D) to Section 25.0032(a)(1) of
the Government Code to grant a county court at law in Anderson County
concurrent jurisdiction with the district court in criminal cases and
actions and proceedings under the Texas Trust Code in addition to current
concurrent jurisdiction.  

 SECTION 2.  Emergency clause.  Effective date.