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.