PMWJ H.B. 3565 75(R)    BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 3565
By: Luna/Berlanga/Seaman
4-16-97
Committee Report (Unamended)



BACKGROUND 

 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.  
 

PURPOSE

 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 will simplify the filing and transfer of cases and eliminate
duplication in responsibilities for collecting court fees and accepting
civil and probate case filings. 


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 Section 25.1802(n), Government Code to provide that the
Nueces County district clerk serves as the clerk of a Nueces County court
at law in cases enumerated in Sec. 25.1802(a) (civil and probate cases and
mental health proceedings).  The Nueces County district clerk may charge
the same fees for cases filed in statutory county court as in district
court cases except that in probate cases, mental health proceedings and
misdemeanor cases other than those involving official misconduct, the
district clerk may not charge fees higher than those charged by county
clerks for similar cases.  

 SECTION 2.  Effective date.  Application of act.

 SECTION 3. Emergency clause.