HBA-GUM, NMO H.B. 3854 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3854
By: Thompson
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, state law required that probate cases
be filed in particular Harris County Statutory Probate Courts by the last
number in the case number. The intent of the law was to provide for random
filings in the Harris County Statutory Probate Courts.  However, some
lawyers avoided certain judges or have had their cases assigned to certain
courts by manipulating this case number  filing system.  H.B. 3854 requires
the county clerk to assign and docket cases at random to the Harris County
Statutory Probate Courts. 

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 25.1034(j), Government Code, to require the
county clerk to assign and docket at random, rather than file, matters and
proceedings filed in the statutory probate courts according to the
following percentages:  Probate Court No. 1 of Harris County, 30 percent;
Probate Court No. 2 of Harris County, 30 percent; Probate Court No. 3 of
Harris County, 20 percent; and Probate Court No. 4 of Harris County, 20
percent.  Deletes language requiring that cases ending in 3 and 4 be filed
in the Probate Court No. 1 of Harris County, cases ending in 0 or 5 be
filed in the Probate Court No. 3 of Harris County, all other cases ending
in an odd number be filed in Probate Court No. 1 of Harris County, and all
other cases ending in an even number be filed in Probate Court No. 2 of
Harris County.  Deletes language that requires the clerk to file the cases
in the courts in the order in which the cases were deposited with the clerk
for filing.  Makes conforming changes. 

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

SECTION 3.  Emergency clause.