SRC-BWC H.B. 1979 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1979
77R8672 YDB-DBy: Chavez (Shapleigh)
Jurisprudence
4/19/2001
Engrossed


DIGEST AND PURPOSE 

The current backlog of pending misdemeanor cases in El Paso County may
result in cases not being adjudicated in a timely basis, which may cause
delays in sentencing and may increase the chances that individuals released
on bail may commit similar offenses.  As proposed, H.B. 1979 creates County
Criminal Court at Law No. 1 of El Paso County and County Criminal Court at
Law No. 2 of El Paso County to help reduce the current backlog of cases in
El Paso County.  

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 25.0731(a), Government Code, to provide that El
Paso County has statutory county courts which include: 

 _County Criminal Court at Law No. 1 of El Paso County, Texas; and 

 _County Criminal Court at Law No. 2 of El Paso County, Texas.

SECTION 2.  Amends Section 25.0732, Government Code, as follows:

 _Authorizes a judge of a statutory county court in El Paso County and a
judge of a district court or another statutory county court in El Paso
County, in matters of concurrent jurisdiction, to transfer cases between
the courts in the same manner judges of district courts transfer cases
under Section 24.303.  Provides that this section does not apply to a
county criminal court at law in El Paso County; 

 _Authorizes a judge of a statutory county court in El Paso County and a
judge of a district court in El Paso County to exchange benches and to sit
and act for each other in any matter pending before the court.  Provides
that this section does not apply to a county criminal court at law in El
Paso County; 

 _Requires the El Paso Council of Judges to order the transfer of criminal
misdemeanor cases to the County Criminal Courts No. 1 and No. 2 from time
to time to equalize the criminal misdemeanor dockets of the statutory
county courts for the efficient operation of the court system and the
effective administration of justice; 

 _Provides that the County Criminal Courts No. 1 and No. 2 have the
criminal jurisdiction provided by law for county courts and appellate
jurisdiction in appeals of criminal cases from justice courts and municipal
courts in the county as provided by Article 45.042 (Appeal), Code of
Criminal Procedure, but have no other jurisdiction; and  
 
 _Provides that the County Criminal Court No. 1 has exclusive jurisdiction
over environmental offenses. 

SECTION 3.  Effective date:  January 1, 2002.  Provides that County
Criminal Court No. 1 and No. 2 of El Paso County, Texas, are created on
January 1, 2002.