PMWJ H.B. 1688 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 1688
By: Kuempel
4-2-97
Committee Report (Unamended)



BACKGROUND 

 The Guadalupe County Court at Law was established under Section 25.0003
of the Government Code. Currently, the county court of law does not have
jurisdiction over family law cases and juvenile matters. 


PURPOSE

 This bill establishes concurrent jurisdiction between the county court at
law and the district court in family law cases and juvenile matters.  The
crowded court system makes it necessary to provide for concurrent
jurisdiction on such matters. 


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 25.0962, Government Code, by adding Subsections
(b) and (i) and amending Subsec. (f). 
 New Subsec. (b) provides concurrent jurisdiction with the district court
in family law cases and proceedings including juvenile matters.  
 Subsec. (f) is amended to provide that the practices and procedures for
county courts are applicable except all matters that pertain to the
conduct of trials and hearings in a county court at law that are within
its concurrent jurisdiction with the district court are governed by the
laws and rules pertaining to district courts and county courts. All jury
cases within the concurrent jurisdiction with the district court will be
tried before a jury of 12 members.  
 Subsec. (i) is added to specify that the district clerk serves as the
clerk of the county court at law in matters of concurrent jurisdiction
with the district court. 

 SECTION 2. Effective date.

 SECTION 3. Emergency clause.