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.