SRC-HRD H.B. 2837 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2837
By: Thompson (Ellis)
Jurisprudence
5-17-97
Engrossed


DIGEST 

In Texas the statutory county courts have been used to lessen the backlog
of cases in district courts. Many counties have created statutory county
courts or increased the jurisdiction of existing courts in response.  The
72nd Legislature passed H.B. 66 to establish a system to help fund
statutory county courts throughout the state through the collection of
fees and costs to help fund the state work being done by these county
courts.  Under the system created, counties are able to enter into the
funding system by meeting certain conditions regarding court fees, costs,
and salary levels.  In return the county receives at least $25,000 per
court. H.B. 66 also tied the salaries of  most statutory county court
judges to $1,000 less than the salary of a district judge in the same
county.  Because the state is currently in the process of giving the
district judges a substantial raise, many counties are going to be
required to increase the salaries of statutory county court judges.   

This bill would increase the filing fees established in Section 25.0016,
Government Code to match the district court filing fee and increase the
counties' share of  filing fees under Section 51.702(a), Government Code
to $40 to provide more than an additional $5,000 per statutory county
court to help offset the increase in the salaries of statutory county
court judges.                               
    
PURPOSE

As proposed, H.B. 2837 increase certain statutory court filing fees to
match the district court filing fee and increase the counties' share of
filing fees to $40 to provide more than an additional $5,000 per statutory
county  court to help offset the increase in the salaries of statutory
county court judges.                              
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 Sections 25.005(a) and (e), Government Code, to require
a statutory county court judge who engages in the private practice of law
or a judge in whose court fees and costs under Section 51.702 are not
collected, to be paid a total annual salary set by the commissioners court
at an amount that is at least equal to the amount that is $4,000, rather
than $1,000, less than the total annual salary received by a district
judge in the county.  Provides that a county is not required to meet the
salary requirements of Subsection (a) for a particular court under certain
conditions.   

SECTION 2. Amends Section 25.0015(a), Government Code, to require the
state, beginning on the first day of the state annually compensate each
county that collects the additional fees and costs under Section 51.702 in
an amount equal to $30,000, rather than $25,000, for each statutory county
court judge in the county who meets certain qualifications. 

SECTION 3. Amends Section 25.0016(c), Government Code, to require the
comptroller, in determining the amount deposited in the judicial fund
under Section 51.702 for a county that collects fees and costs as provided
by that section, to credit $40, rather than $30, of each fee deposited in
the judicial fund under Section 51.701 by that county for cases assigned
to a statutory county court as fees deposited under Section 51.702.   

SECTION 4. Amends Section 51.702(a), Government Code, to require the clerk
of a statutory  county court, except as provided by Subsection (g), and in
additional to all other fees authorized or required by other law, to
collect a $40, rather than $30, filing fee in each civil case filed in the
court to be used for court-related purposes for the support of the
judiciary. 

SECTION 5. (a) Effective date: September 1, 1997, except as provided by
Subsection (b) of this section.  Makes application of this Act
prospective. 

(b) Effective date for SECTION 1 of this Act:  January 1, 1998.

SECTION 6. Provides that this Act takes effect only if S.B. 310, Acts of
the 75th Legislature, Regular Session, 1997, is enacted and becomes law.
Provides that if S.B. 310 does not become law, this Act does not take
effect. 

SECTION 7. Emergency clause.
  Effective date: upon passage.