PMWJ H.B. 2727 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 2727 By: Garcia 4-16-97 Committee Report (Unamended) BACKGROUND In the state's largest counties, prosecuting small civil suits, small mortgages and liens and forcible entry and detainer cases can be very lengthy and costly. Justice and small claims courts in large counties often have large staffs and the authority and ability to hear very small civil suits. Expanding their jurisdiction in civil suits would ease the time and expense burden in prosecuting small civil cases and help to alleviate the caseload burdens in county and district courts. PURPOSE HB 2727 expands the jurisdiction of justice and small claims courts in Dallas and Harris counties. 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 Tex. Gov't Code ' 27.031 (Jurisdiction of justice courts). Subsec. (a) is amended to provide an exception to a justice court's jurisdiction as stated in Subsec. (b). New Subsec. (b) provides that in Dallas and Harris counties, justice courts also have jurisdiction of (1) civil matters in which exclusive jurisdiction is not in the district or county and the amount in controversy does not exceed $10,000; (2) forcible entry and detainer cases; and, (3) foreclosure of mortgages and enforcement of liens on personal property in which the amount in controversy is otherwise within the jurisdiction of the court. Current Subsec. (b) (listing suits excluded from justice court jurisdiction) becomes new Subsec. (c). SECTION 2 amends Tex. Gov't Code ' 28.003 (Jurisdiction of small claims court). Subsec. (a) is amended to provide an exception to a small claims court's jurisdiction as stated in Subsec. (b). New Subsec. (b) provides that small claims courts in Dallas and Harris counties have concurrent jurisdiction with justice courts in actions for the recovery of money in which the amount in controversy does not exceed $10,000. Current Subsecs. (b), (c), (d) and (e) become new Subsecs. (c), (d), (e) and (f), respectively. SECTION 3 amends Tex. Water Code ' 36.102(b) to make a conforming change referencing Gov't Code ' 27.031 to preclude the board from setting higher penalties than currently allowed. SECTION 4 amends Tex. Water Code ' 49.004(a) to make a conforming change referencing Gov't Code ' 27.031 to preclude the board from setting higher penalties than currently allowed. SECTION 5. Emergency clause.