HBA-KMH C.S.H.B. 3780 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3780
By: Luna, Vilma
Judicial Affairs
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is a perceived local need for a new statutory county court
in Nueces County. C.S.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 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 Sections 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 a conforming change.

(g) Makes a conforming change.

(i) 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3780 modifies the original in SECTION 1 to set forth the
proceedings to which the court is required to give preference. 

C.S.H.B. 3780 modifies the original in SECTION 2 (Section 25.1802,
Government Code) by modifying the jurisdiction of the court as provided in
Subsection (a) by deleting the provision granting the court the general
jurisdiction provided by Section 25.0021 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.  The substitute
subjects Subsection (d) regarding jurisdiction in family law matters to
Subsection (r) as added by this Act.  The substitute adds Subsection (r)
granting the court jurisdiction in certain family law and child possession
and custody cases.  The substitute also makes conforming changes. 

C.S.H.B. 3780 adds new SECTIONS 3 and 5 and redesignates SECTIONS 3 and 4
of the original to SECTIONS 4 and 6. 

C.S.H.B. 3780 modifies the original in SECTION 3 (Section 152.1841, Human
Resources Code), by including the judge of the County Court at Law No.  5
of Nueces County on the juvenile board of Nueces County. 

C.S.H.B. 3780 modifies the original in SECTION 5 to require 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.  The
substitute also sets forth the contents of the case file when transferred
to the County Court at Law No.  5 of Nueces County