BWH C.S.H.B. 2046 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 2046
By: Keffer
4-30-97
Committee Report (Substituted)



BACKGROUND 

Certain counties currently are allowed to hold their justice of the peace
courts of different precincts in the county courthouse or in the precinct
of that particular court.  They have found this statutory requirement to
be a inconvenient because it does not allow the county to locate the
courts in an annex of the courthouse, or other county building.  In many
instances, it would be more convenient and cost-effective to utilize
another county owned facility for the court. 

PURPOSE

House Bill 2712 would allow justice of the peace courts of a county with a
population of less than 30,000 to locate in the county courthouse, or
another facility provided by the commissioners court, if the commissioners
court finds it is in the best interests of the 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 292.001, Local Government Code, by adding:
 1) A new Subsection (e) which allows the commisioners court of a county
with a population less than 30,000 to locate justice of the peace courts
in the county courthouse or another facility provided by the commissioners
court even after the populaton exceeds 30,000; and 
 2) A new Subsection (f) which provides a commissioners court may continue
to operate under Subsections (d) or (e) after the population of the county
exceeds 30,000. 

SECTION 2.   Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes the following changes to the original:
 1) The substitute is a Legislative Council Draft of the original;
 2)  The last sentence of Subsection (e) is struck because it is redundant
with regards to the new Subsection (f); and 
 3)  The substitute adds a new Subsection (f).