SRC-JFA H.B. 3544 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3544
By: Thompson (Whitmire)
Jurisprudence
5-17-97
Engrossed


DIGEST 

Currently, the Harris County Justices of the Peace have no ability to
promulgate rules for the practice and procedure of the justice courts.
Local rules could advise citizens as to standard filing practices and
procedures, alleviate disparate cae loads, and allow for a justice of the
peace to acquire an expertise in certain areas of the law.  This bill
would authorize the Harris County Justices of the Peace to adopt local
rules not inconsistent with the rules governing justice courts found among
the Code of Criminal Procedure and Rules of Civil Procedure, similar to
the rulemaking authority granted to the county courts.  Additionally, this
bill would provide that the duties and powers of a special judge are the
same as for the regular justice of the peace, but that the qualifications
are inherent in the status of the former justice of the peace, or former
county court judge.   

PURPOSE

As proposed, H.B. 3544 authorizes the Harris County Justices of the Peace
to adopt local rules not inconsistent with the rules governing justice
courts found among the Code of Criminal Procedure and Rules of Civil
Procedure, similar to the rulemaking authority granted to the county
courts. Additionally, this bill provides that the duties and powers of a
special judge are the same as for the regular justice of the peace, but
that the qualifications are inherent in the status of the former justice
of the peace or former county court judge.    

RULEMAKING AUTHORITY

Rulemaking authority to the justices of the peace in Harris County in
SECTION 1 (Section 75.404(g), Government Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 75.404, Government Code, by amending Subsection
(e) and by adding Subsections (g)-(k), as follows:  

(e)  Delete text providing that the qualifications of a special judge are
the same as for the regular justice of the peace.   

(g)  Authorizes the justices of the peace in Harris County to adopt local
rules that are consistent with Chapter 45, Code of Criminal Procedure, and
Part V, Texas Rules of Civil Procedure, for practice and procedure in the
justice courts of Harris County; and for the practice and procedure in the
small claims courts of Harris County.   

(h)  Authorizes a local rule to be adopted only by the unanimous vote of
all justices of the peace.   

(i)  Authorizes a local rule to provide for assigning, docketing,
transferring, or hearing of a case.   

(j)  Authorizes a misdemeanor case to be tried in a justice court of
Harris County to be prosecuted, according to a local rule, in any precinct
in the county designated by the local rule.  Authorizes a civil case,
except a suit for forcible entry and detainer or involving real property,
to be brought, according to local rule, in any precinct in the county
designated by  the local rule.   

(k)  Requires each justice of the peace to enter the local rules on the
minutes of the court. Requires a justice of the peace, on request, to
provide a copy of the local rules to any interested person.   

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.