baa H.B. 3544 75(R)    BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 3544
By: Thompson
4-16-97
Committee Report (Unamended)



BACKGROUND 

 There are sixteen Justice of the Peace Courts in Harris County, who
collectively handle some 500,000 cases per year. As attorney involvement
in the courts increases, and as more and more citizens find themselves
doing business in more than one precinct, the necessity of uniform
standards for practice and procedure in the justices courts becomes
apparent. Currently the Harris County Justices of the Peace have no
ability to promulgate rules for the practice and procedure in the justice
courts. Local rules could advise citizens as to standard filing practices
and procedures, alleviate disparate cases loads, and allow for a justice
of the peace to acquire an expertise in  certain areas of the law. Among
the qualifications for a justice of the peace is their educational
requirement, which based on the fiscal year of the Justice Court Training
Center. A former Justice of the Peace, or a former district or county
court judge may be appointed to serve as a special judge in the absence of
a Harris County Justice of the Peace, and currently the statute provides
that the qualifications of a special judge are the same as for the regular
justice of the peace. It is more appropriate for the qualifications for a
special judge to be those inherent in the status of a former justice of
the peace, or former district or county court judge. 


PURPOSE

 The purpose of this bill is to allow 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. It also 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

 It is the opinion of this committee that this bill does not grant any
additional rulemaking authority to any state officer, agency, institution,
or department, but Section 75.404(g) of the Government Code in Section 1
of the bill would grant rulemaking authority to the Harris County Justices
of the peace to adopt rules governing practice and procedure in the Harris
County Justice Courts, which are not inconsistent with the rules governing
justice courts found among the Code of Criminal Procedure and Rules of
Civil Procedure. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Section 75.404, Government Code, by amending subsection
(e) and adding subsections (g)-(k), as follows: 
 Subsection (e) is amended to provide that the qualifications are inherent
in the status of the former justice of the peace, or former county court
judge. 
 Subsection (g) grants rulemaking authority to the Harris County Justices
of the peace to adopt rules which are not inconsistent with the rules
governing justice courts found among the Code of Criminal Procedure and
Rules of Civil Procedure. 
 Subsection (h) provides that a local rule must be adopted by a vote of
three quarters  of the justices of the peace. 
 Subsection (i) provides that the local rules may govern assigning,
docketing, transferring or hearing of a case. 
 Subsection (j) provides that local rules govern in the placement of cases
in the justice courts in Harris County. 
 Subsection (k) requires the justice to enter the rules into the courts
minutes and to provide the rules to any interested party.  

 SECTION 2.  Effective date. Application of act. 

 SECTION 3.  Emergency clause.