SRC-JBJ H.B. 62 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 62
By: Wolens (Shapleigh)
Jurisprudence
4/19/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, district, county, statutory county, and statutory
probate court judges are required to conduct judicial proceedings at the
county seat.  There is some confusion regarding the authority of judges of
a district, statutory county, statutory probate, and county courts to try
civil cases at locations other than the courthouse in the county seat,
including public, private, or independent institutions of higher education
or public or private high schools elsewhere in the county.  H.B. 62 extends
authority to a judge of a district, statutory county, statutory probate, or
county court to try a civil case at an institution of higher education, a
private or independent institution of higher education, or a public or
private high school in the county in which the case was filed.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 24.012, Government Code, by adding Subsection
(e), to authorize a district judge, not earlier than the 31st day after
notifying each party to the case, to try, with the express consent of each
party to the case, a civil case at an institution of higher education,
private or independent institution of higher education, or public or
private high school in the county in which the case is filed.  Defines
"institution of higher education" and "private or independent institution
of higher education" for the purposes of this subsection.  Provides that a
county in which a case is tried at an alternative location as provided by
this subsection is not required to pay additional costs incurred because
the case is tried at the alternative location. 
 
SECTION 2.  Amends Chapter 25A, Government Code, by adding Section 25.0019,
as follows: 

Sec. 25.0019.  LOCATION OF PROCEEDINGS IN CIVIL CASES.  Authorizes  the
judge of a statutory county court, not earlier than the 31st day after
notifying each party to the case, to try, with the express consent of each
party to the case, a civil case at an institution of higher education,
private or independent institution of higher education, or public or
private high school in the county in which the case is filed.  Defines
"institution of higher education" and "private or independent institution
of higher education" for the purposes of this section.  Provides that a
county in which a case is tried at an alternative location as provided by
this section is not required to pay additional costs incurred because the
case is tried at the alternative location. 
 
SECTION 3.  Amends Chapter 25B, Government Code, by adding Section 25.0033,
as follows: 

Sec. 25.0033.  LOCATION OF PROCEEDINGS.  Authorizes the judge of a
statutory probate court, not earlier than the 31st day after notifying each
party to the case, to try, with the express consent of each party to the
case, a case at an institution of higher education, private or independent
institution of higher education, or public or private high school in the
county in which the case is filed.  Defines "institution of higher
education" and "private or independent  institution of higher education"
for the purposes of this section.  Provides that a county in which a case
is tried at an alternative location as provided by this section is not
required to pay additional costs incurred because the case is tried at the
alternative location. 

SECTION 4.  Amends Section 26.002, Government Code, by amending Subsection
(c) and adding Subsection (d), to require all terms of court, with an
exception, to be held at the county seat.  Requires a county judge, not
earlier than the 31st day after notifying each party to the case, to try,
with the express consent of each party to the case, a civil case at an
institution of higher education, private or independent institution of
higher education, or public or private high school in the county.  Defines
"institution of higher education" and "private or independent institution
of higher education" for the purposes of this subsection.  Provides that a
county in which a case is tried at an alternative location as provided by
this subsection is not required to pay additional costs incurred because
the case is tried at the alternative location. 
 
SECTION 5.  Effective date: September 1, 2001.
            Makes application of this Act prospective.