SRC-DPW C.S.H.B. 3780 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3780
76R15768 JMC-FBy: Luna, Vilma (Truan)
Intergovernmental Relations
5/13/1999
Committee Report (Substituted)


DIGEST 

Currently, there is a perceived local need for a new statutory county court
in Nueces County.  This bill would create the County Court at Law No. 5 in
Nueces County and establish its jurisdiction. 

PURPOSE

As proposed, C.S.H.B. 3780 creates the County Court at Law No. 5 in Nueces
County and establishes its jurisdiction. 

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 Section 25.1801, Government Code, by amending Subsection
(a) and adding Subsection (c), to provide that Nueces County has the County
Court at Law No. 5 of Nueces County (Court No. 5), is required to give
preference to: any proceedings involving an order relating to a child in
the possession or custody of the Department of Protective and Regulatory
Services; proceedings under Title 3, Family Code; and mental health matters
under Section 25.1802(a)(4). 

SECTION 2. Amends Section 25.1802, Government Code, by amending Subsections
(a), (d), (e), (g), (i), and (n), and adding Subsection (r), to provide
that a county court does not have jurisdiction of family law cases, except
as provided by Subsection (r).  Requires the judge of Court No. 5 to be
paid an annual salary.  Requires a district court clerk to charge the same
fees that are allowed in district court cases, except that in cases
enumerated in Subsection (a)(4), rather than (a)(3) and (a)(5).  Sets forth
jurisdiction of Court No. 5.  Makes conforming nonsubtantive changes. 

SECTION 3. Amends Section 152.1841(a), Human Resources Code, to include the
judge of Court No. 5 in the composition of the juvenile board of Nueces
County. 

SECTION 4. Effective date: September 1, 1999, and Court No. 5 is created on
the same date. 

SECTION 5. Sets forth procedures for transferring cases to Court No. 5.

SECTION 6. Emergency clause.