SRC-HRD H.B. 3565 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3565
By: Luna (Truan)
Jurisprudence
5-13-97
Engrossed


DIGEST 

The Nueces County district clerk already serves as the clerk of the Nueces
County Court at Law in all civil cases in which the statutory county court
has concurrent jurisdiction with the district court. The Nueces County
clerk continues to serve as the clerk of the statutory county court in
probate matters and mental health proceedings.  The split duties of the
clerks do not currently enhance the functions of the courts.
                                        
H.B. 3565 would require the Nueces County district clerk to serve as the
clerk of the district and statutory county courts in all civil and probate
matters. This is intended to simplify the filing and transfer of cases and
eliminate duplication in responsibilities for collecting court fees and
accepting civil and probate case filings.
                                   
PURPOSE

As proposed, H.B. 3565 requires the Nueces County district clerk to serve
as the clerk of the district and statutory county courts in all civil and
probate matters. 

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 Section 25.1802(n), Government Code, to provide that the
district clerk serves as clerk of a county court at law in cases
enumerated in Subsection (a), rather than providing that the district
court serves as clerk of a county court at law in cases in the concurrent
jurisdiction of the county courts at law and the district courts, and the
county clerk serves as the clerk in all other cases.  Requires the
district clerk, in matters of concurrent jurisdiction with the district
court, to charge the same fees as are allowed in district court cases, and
prohibits the clerk, except that in cases enumerated in Subsections
(a)(2), (a)(3), and (a)(5), and in misdemeanor cases other than those
involving official misconduct, from charging higher fees that the fees
charged by county clerks for similar cases.   

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

SECTION 3. Emergency clause.