SRC-ARR S.B. 1875 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1875
76R5205 DB-DBy: Fraser
Intergovernmental Relations
5/11/1999
As Filed


DIGEST 

The need for a County Court at Law in Brown County is primarily due to the
overload and backlog in cases for both the County Court and the District
Court. As of December 31, 1998, the total number of pending cases in the
County Court was 2, 469 and in the District Court for Brown County, the
number of cases pending as of December 31, 1998 was 2,024. There were
approximately 2,000 cases added during the year with dispositions running
at approximately half of what has been filed. The backlog is preventing the
county from receiving the maximum amount of the revenue possible to be
generated from these courts, but more importantly the citizens whose cases
are before the courts are not being adequately served. S.B. 1875 would
create the County Court at Law of Brown County. 

PURPOSE

As proposed, S.B. 1875 creates the County Court at Law of Brown 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 Chapter 25C, Government Code, by adding Sections 25.0271
and 25.0272 as follows: 

Sec. 25.0271. BROWN COUNTY. Provides that Brown County has one statutory
county court, the County Court at Law of Brown County.  

Sec. 25.0272. BROWN COUNTY COURT AT LAW PROVISIONS. Provides that a county
court at law of Brown County has concurrent jurisdiction with the district
court in certain cases. Requires the commissioners court by order entered
of record  to set at least two terms of court each year for each county
court at law. Prohibits a judge of a county court at law to engage in the
private practice of law. Requires the salary of a judge of a county court
at law to be set by the commissioners court in accordance with law and to
be paid out of the county treasury on orders from the commissioners court.
Authorizes a special judge of a county court at law to be appointed in the
manner provided by law for the appointment of a special county judge.
Requires a special judge to have the same qualifications and be entitled to
the same rate of compensation as the regular judge. Provides that the
district clerk serves as the clerk of a county court at law in matters in
which the county court at law has concurrent jurisdiction with the district
court. Provides that the county clerk serves as the clerk of a county court
at law in all other matters.  

SECTION 2. Provides that the County Court at Law of Brown County is created
January 1, 2001, or on an earlier date determined by the commissioners
court by an order entered in its minutes.  

SECTION 3. Emergency clause.
           Effective date: 90 days after adjournment.