SRC-DBM C.S.S.B. 376 76(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 376
76R13201  DB-DBy: Nelson
Intergovernmental Relations
4/22/1999
Committee Report (Substituted)


DIGEST 

Currently, the court dockets in Denton County are overcrowded and
overburdened, in part due to an increase in the population growth rate.
C.S.S.B. 376 would add County Criminal Court No. 5 of Denton County to the
statutory county courts in Denton County. 

PURPOSE

As proposed, C.S.S.B. 376 adds County Criminal Court No. 5 of Denton County
to the statutory county courts in Denton County. 

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 25.0631(a), Government Code, to provide that
Denton County has certain statutory courts including County Criminal Court
No. 5 of Denton County.  

SECTION 2.  Amends Section 25.0632, Government Code, by adding Subsection
(j), to provide that Section 25.0006, does not apply to a statutory county
court in Denton County.  

SECTION 3.  Amends Section 25.0633(c), Government Code, to provide that,
notwithstanding Section 25.0003, the County Court at Law No. 1 of Denton
County does not have jurisdiction over probate or mental health matters or
over family law cases and proceedings other than juvenile proceedings.
Deletes text providing that the County Court at Law No. 1 of Denton County
does not have jurisdiction over civil or civil appellate matters.    

SECTION 4.  Amends Section 25.0634(b), Government Code, to provide that a
county criminal court has no jurisdiction over probate or mental health
matters.  Deletes text providing that a county criminal court has no
jurisdiction over civil or civil appellate matters. 

SECTION 5.(a)  Provides that the County Criminal Court No. 5 of Denton
County is created on October 1, 2000.   

(b)  Effective date: October 1, 2000, except as provided by Subsection (c).

(c)  Effective date for Sections 25.0633 and 25.0634, Government Code, as
amended by SECTIONS 3 and 4 of this Act:  September 1, 1999, but only if
S.B. 1163, 76th Legislature, is enacted and becomes law.  Provides that if
S.B. 1163 does not become law, SECTIONS 3 and 4 have no effect. 

SECTION 6.Emergency clause.
  Effective date:  90 days after adjournment.

  
  

SUMMARY OF COMMITTEE CHANGES

 SECTION 1.

Deletes proposed text amending Section 25.0631(b).

SECTION 2.

Redesignated from proposed Section 25.0631(d).  Amends Section 25.0632,
Government Code, by adding Subsection (j), to provide that Section 25.0006,
does not apply to a statutory county court, rather than the statutory
county courts, in Denton County. 

SECTION 3.

Amends Section 25.0633(c), Government Code, to provide that,
notwithstanding Section 25.0003, the County Court at Law No. 1 of Denton
County does not have jurisdiction over probate or mental health matters or
over family law cases and proceedings other than juvenile proceedings.
Deletes text providing that, notwithstanding Section 25.0003, the County
Court at Law No. 1 of Denton County does not have jurisdiction over civil
or civil appellate matters.  
SECTION 4.

Amends Section 25.0634(b), Government Code, to provide that a criminal
court has no jurisdiction over probate or mental health matters.  Deletes
text providing that a criminal court has no jurisdiction over civil or
civil appellate matters. 

SECTION 5.

Switches the text of Subsections (a) and (b) regarding court creation and
effective dates.  Adds Subsection (c), providing that the effective date
for Sections 25.0633 and 25.0634, Government Code, is September 1, 1999,
but only if S.B. 1163 is enacted, and that those sections have no effect if
S.B. 1163 does not become law. 

SECTION 6.

 Redesignated from proposed SECTION 3.