SRC-MKV H.B. 1765 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1765
By: Turner, Bob (Fraser)
Jurisprudence
5/11/2001

This analysis is based on the House Committee Report, which is the most
recent version available to the Senate Research Center. 

DIGEST AND PURPOSE 

As Brown County continues to increase in population, so does the number of
both civil and criminal cases in the court system.  There is a need for a
larger judicial system to handle the rise in cases.  H.B. 1765 creates the
County Court at Law of Brown County. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

H.B. 1765 amends the Government Code to create the County Court at Law of
Brown County as a statutory county court.  The bill provides that the
county court of law  has concurrent jurisdiction with the district court in
family law cases and proceedings and felony criminal cases.  The
commissioners court by order entered of record is required to set at least
two terms of court each year for each county court at law.  A judge of a
county court at law is prohibited from engaging in the private practice of
law. H.B. 1765 also requires the salary of a judge of a county court at law
to be set by the commissioners court and paid out of the county treasury on
orders from the commissioners court. 

H.B. 1765 authorizes a special judge of a county court at law to be
appointed in the manner provided for the appointment of a special county
judge, and is eligible for appointment if the special judge has the same
qualifications as the regular judge.  H.B. 1765 provides that the district
clerk serves as the clerk of a county court at law in matters in which the
county court has concurrent jurisdiction with the district court.   

The bill provides that the county court at law of Brown County is created
January 1, 2003, or on an earlier date determined by the commissioners
court.