HBA-EDN, KDB C.S.H.B. 1979 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1979
By: Chavez
Judicial Affairs
3/15/2001
Committee Report (Substituted)



BACKGROUND 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.  C.S.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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1979 amends the Government Code to create County Criminal Court at
Law No. 1 of El Paso County and County Criminal Court at Law No. 2 of El
Paso County.  The bill sets forth the jurisdiction of the courts and
provides for the transfer of cases among the courts in El Paso County.  The
bill 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 sit and
act for each other in any matter pending before the court.  The bill also
sets forth that provisions relating to the transfer of cases in matters of
concurrent jurisdiction and to the exchange of benches between judges do
not apply to a county criminal court at law in El Paso County.    

EFFECTIVE DATE

January 1, 2002.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1979 modifies the original by setting forth that provisions
regarding the transfer of cases in matters of concurrent jurisdiction and
the exchange of benches between judges do not apply to a county criminal
court at law in El Paso County.  The substitute removes the requirement
that county criminal courts created by the bill give preference to criminal
law matters and provides that these courts have the criminal and appellate
jurisdiction provided by law for county courts, but have no other
jurisdiction.