SRC-PNG H.B. 2136 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2136
76R4165 DB-DBy: Hilderbran (Wentworth)
Intergovernmental Relations
5/3/1999
Engrossed


DIGEST 

Currently, there is a perceived local need for a new county court in
Kendall County.  This bill would create a new statutory county court in
Kendall County, with concurrent jurisdiction with the district court in all
nonfelony cases and family law matters. 

PURPOSE

As proposed, H.B. 2136 creates a new statutory county court in Kendall
County, with concurrent jurisdiction with the district court in all
nonfelony cases and family law 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 Chapter 25C, Government Code, by adding Sections 25.1321
and 25.1322, as follows: 

Sec.  25.1321.  KENDALL COUNTY.  Provides that Kendall County has one
statutory county court, the County Court at Law of Kendall County. 

Sec.  25.1322.  KENDALL COUNTY COURT AT LAW PROVISIONS.  (a) Provides that
in addition to the jurisdiction provided by Section 25.0003 and other law,
a county court at law of Kendall County has concurrent jurisdiction with
the district court in nonfelony criminal cases and family law matters. 

(b) Requires the commissioners court by order entered of record to set at
least two terms of court each year for each county court at law. 

(c) Prohibits a judge of a county court at law from engaging in the private
practice of law. 

(d) Requires the salary of a judge of a county court of law to be set by
the commissioners court and requires it to be paid out of the county
treasury on orders from the commissioners court. 

(e) Authorizes a special judge of a county court at law to be appointed in
the manner provided by law for the appointment of a special county judge.
Requires a special judge to have the same qualifications and entitles the
special judge to the same rate of compensation as the regular judge. 

(f) Provides that the district clerk serves as the clerk of a county court
at law in matters in which the county court at law has concurrent
jurisdiction with the district court.  Provides that the county clerk
serves as the clerk of a county court at law in all other matters. 

SECTION 2. Creates the County Court at Law of Kendall County on January 1,
2001, or on an earlier date determined by the commissioners court by an
order entered into its minutes,  notwithstanding Section 25.1321,
Government Code. 

SECTION 2. Emergency clause.
  Effective date: 90 days after adjournment.