HBA-GUM, KMH H.B. 3780 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3780
By: Luna, Vilma
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, there was a perceived local need for a
new statutory county court in Nueces County.  H.B. 3780 creates a new
statutory county court in Nueces County.  Additionally, this bill places
the judge of the new county court at law in Nueces County on the juvenile
board of the county.  Furthermore, this bill sets forth the procedures for
transferring a case to the new county court at law. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.1801, Government Code, by amending Subsection
(a) and adding Subsection (c), to include the County Court at Law No. 5 of
Nueces County (court) in the list of statutory county courts in Nueces
County.   Requires the court to give preference to any proceeding involving
an order relating to a child in the possession or custody of the Department
of Protective and Regulatory Services, proceedings under Title 3 (Juvenile
Justice Code), Family Code, and mental health matters under Section
25.1802(a)(4) (Nueces County Court at Law Provisions). Makes conforming
changes. 

SECTION 2.  Amends Section 25.1802, Government Code, by amending
Subsections (a), (d), (e), (g), (i), and (n) and by adding Subsection (r): 

(a)  Modifies the jurisdiction of the county courts at law of Nueces County
by deleting the provision granting the court the general jurisdiction
provided by Section 25.0021 (Jurisdiction) for a statutory probate court
and the jurisdiction and authority of a probate court or a statutory
probate court under Sections 4, 5, 5A, and 5B, Probate Code.  Makes
conforming changes. 

(d)  Subjects this subsection to the provisions of Subsection (r) as added
by this Act. 

(e)  Makes conforming changes.

(g)  Makes a conforming change.

(i)  Makes conforming changes.

(n)  Makes conforming changes.

(r)  Expands the jurisdiction of County Court at Law No. 5 of Nueces County
to include proceedings under Title 3, Family Code, and any proceeding
involving an order relating to a child in the possession or custody of the
Department of Protective and Regulatory Services. 

SECTION 3.  Amends Section 152.1841(a), Human Resources Code, to include
the judge of the County Court at Law No. 5 of Nueces County in the juvenile
board of Nueces County. 
 
SECTION 4.  Creates County Court at Law No. 5 of Nueces County, Texas.
                       Effective date: September 1, 1999.

SECTION 5.  Requires the local administrative district judge to transfer
any case described by Section 25.1801(c), Government Code, as added by this
Act, that is pending in a district court in Nueces County on the effective
date of this Act.  Sets forth the contents of the case file when
transferred to the County Court at Law No. 5 of Nueces County. 

SECTION 6.  Emergency clause.