PMWJ S.B. 726 75(R)BILL ANALYSIS JUDICIAL AFFAIRS S.B. 726 By: Shapleigh (Moreno) 4-2-97 Committee Report (Unamended) BACKGROUND The population of El Paso County is over 670,000. In calendar year 1996, over 15,000 criminal misdemeanor cases were filed. It is anticipated that a similar number will be filed in the foreseeable future. Although El Paso County currently has five County Courts at Law, three of these courts are dedicated primarily to civil law matters. Only two of the County Courts at Law in El Paso dedicate their efforts to a predominantly criminal misdemeanor docket. PURPOSE As proposed, HB 2089 provides for the creation of two additional County Courts at Law for El Paso County. The two new courts will be designated as criminal misdemeanor courts. 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. Section 25.0731(a), Government Code, is amended by creating County Court at Law No. 6 and No. 7 of El Paso County, Texas. SECTION 2 amends Section 75.014, Government Code, El Paso Council of Judges, as follows: Subsec. (a) is amended to include the judge of the probate court of El Paso County on the El Paso Council of Judges. Subsecs. (b), (c) and (d) are unchanged. New Subsec. (e) designates County Courts at Law No. 6 and No. 7 of El Paso as criminal misdemeanor courts. Such courts shall give preference to (1) criminal misdemeanor cases; (2) appeals or petitions under Sec 501.052, 521.242, 521.302, or 524.041, Transportation Code; (3) misdemeanor bail bond and personal bond forfeiture cases; and, (4) appeals de novo from the municipal and justice courts. New Subsec. (f) authorizes the Council, by a majority vote, to designate other county courts as criminal misdemeanor courts. At least four must be designated as criminal misdemeanor courts, except that, for any period for which the commissioners courts has provided funding for more than one criminal law magistrate judge (1) the council may by a majority vote designate a county court as a family court and (2) there may be less than four criminal misdemeanor courts if the docket permits as determined by a majority vote of the council. New Subsec. (f-1) requires that before the date County Court at Law No. 7 is created, the council will designate two county courts, in addition to No. 6, as criminal misdemeanor courts. Sets out an expiration date for this subsection: October 2, 1998. New Subsec. (g) provides that the council will order the assignment, docketing, and transfer of a specified number and type of family law cases and proceedings, to the county court designated as a family court. If, after a county court is designated a family court, funding for more than one criminal law magistrate judge is not continued, the council may order that (1) the family court designation be retracted; and, (2) a specified number or percentage and type of family law cases and proceedings in that court be transferred to other courts. Current Subsection (e), relating to a magistrate judge, is repealed.. SECTION 3 amends Section 25.0732(r), Government Code, to include El Paso County Courts at Law Nos. 6 and 7 in the list of El Paso County Courts at Law to which Sections 25.0006(b) and 25.0007 of the Government Code do not apply. SECTION 4. Creation of the courts. SECTION 5. Effective date. SECTION 6. Emergency clause.