SRC-CDH H.B. 1143 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1143
By: Patterson (Ratliff)
Jurisprudence
4-11-97
Engrossed


DIGEST 

Currently, the district courts that serve Lamar County have experienced
increased caseloads, which led to a backlog of cases.  The county
commissioners have passed a resolution requesting the legislature to
create the County Court at Law of Lamar County to relieve this backlog of
cases.  H.B. 1143 creates a Lamar County Court and sets forth provisions
for its maintenance and administration.    
PURPOSE

As proposed, H.B. 1143 provides for the creation of the County Court at
Law of Lamar County. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 25C, Government Code, by adding Section 25.1411,
as follows: 

Sec. 25.1411.  LAMAR COUNTY.  Provides that Lamar County has one statutory
county court, the County Court at Law of Lamar County. 

SECTION 2. Amends Chapter 25C, Government Code, by adding Section 25.1412,
as follows: 

Sec. 25.1412.  LAMAR COUNTY COURT AT LAW PROVISIONS.  Provides that in
addition to the jurisdiction provided by Section 25.0003 and other law, a
county court at law in Lamar County has concurrent jurisdiction with the
district court in certain matters and proceedings, and concurrent
jurisdiction with the county and district courts over all suits arising
under the Family Code.  Requires the judge of a county court at law to
meet certain qualifications.  Prohibits the judge of a county court at law
from engaging in the private practice of law, and requires the judge to
comply with Canon 4 of the Code of Judicial Conduct.  Sets forth the terms
by which a judge is entitled to certain expenses and must be paid an
annual salary.  Establishes the conditions by which a special judge is
authorized to be appointed or elected, and compensated.  Sets forth the
terms by which the district clerk or the county clerk serves as clerk of a
county court under certain circumstances.  Authorizes a judge to appoint
or contract for the services of an official court reporter.  Provides that
practice in a county court at law is that prescribed by law for county
courts, with certain exceptions.  Establishes that the laws governing the
drawing, selection, service, and pay of jurors for county courts apply to
a county court at law.  Sets forth the procedure regarding an appeal in a
civil or criminal case, or a case appealed from a justice court or other
inferior court in Lamar County.  Provides that a judge has the same
immunity as a district judge. 

SECTION 3. Sets forth the procedure for filling the initial vacancy in the
office of judge on creation of the County Court at Law of Lamar County,
and for filling a vacancy after the initial vacancy. 

SECTION 4. Provides that this Act takes effect and the County Court at Law
of Lamar County is created September 1, 1997. 

SECTION 5. Emergency clause.