HBA-KMH H.B. 3829 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3829
By: Ellis, Dan
Judicial Affairs
5/5/1999
Introduced



BACKGROUND AND PURPOSE 

Two district courts serve Polk, San Jacinto, and Trinity counties, the
411th District Court in San Jacinto County and the 258th District Court in
Trinity County.  Currently, the jurisdiction of the Polk County Court at
Law is limited to misdemeanor cases.  Polk County, although served by both
of the district courts, does not have a judge present in the county on a
daily basis.  The expansion of jurisdiction of this court to include felony
cases will increase the flexibility in assigning cases, particularly
priority matters dealing with defendants who are in jail. 

H.B. 3829 expands the jurisdiction of the county court at law for Polk
County. 

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 Sections 25.1892(a) and (e), Government Code, to expand
the jurisdiction of the county court at law of Polk County to concurrent
jurisdiction, rather than concurrent civil jurisdiction, with the district
court, including juvenile matters under Section 23.001 (Juvenile
Jurisdiction), and noncapital felony cases.   Limits the attorneys
authorized to serve the county court at law to the criminal district
attorney.  Specifies the duties of the district clerk as they apply to
service as clerk of the county court at law to be limited to cases in which
the county court at law exercises jurisdiction concurrent with the district
court, rather than family law cases and proceedings. Makes conforming and
nonsubstantive changes. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.