HBA-SEP C.S.H.B. 3632 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3632
By: Farabee
Judicial Affairs
4/26/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, multiple filings are required in different courts to
resolve multiple issues between parties. In addition, there may be a need
to simplify filing and docketing procedures of certain misdemeanor cases.
C.S.H.B. 3632 modifies the jurisdiction of a county court at law in Wichita
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. 3632 amends the Government Code to provide that a county court at
law of Wichita County has general jurisdiction and concurrent jurisdiction
with the county court in misdemeanor cases and probate and mental health
matters.  The bill removes provisions giving a county court at law
concurrent jurisdiction with the county court in juvenile, child neglect,
or dependency proceedings.  All appeals from municipal courts of record,
misdemeanor cases, and probate and mental health matters are required to be
filed in the county court at law.  A county court of law is authorized to
transfer a case or certain appeals to the county court with the consent of
the county judge.  Except in a county that has a statutory probate court, a
county court at law has concurrent jurisdiction with the district court in
civil cases.  A county court at law does not have jurisdiction of a case
under the Alcoholic Beverage, Election, or Tax codes; a matter over which
the district court has jurisdiction; or a civil case, other than a case
under the Family or Texas Probate codes, in which the amount in controversy
is less than the maximum amount in controversy allowed the justice court in
Wichita County or more than $100,000, exclusive of punitive or exemplary
damages, penalties, interest, costs, and attorney's fees.  

On the motion of any party, a county court at law is authorized to transfer
a civil case originally filed in a county court at law that exceeds the
maximum amount in controversy to the district court unless an announcement
of ready for trial by all parties before a motion to transfer the case is
filed confers original jurisdiction on the county court at law.  A
transferred case is required to be completed under the same cause number
and in the same manner as if the case were originally filed in the district
court.  

The judge of a county court at law is required to be paid an annual salary
that is $1,000 less than, rather than not to exceed 90 percent of, the
total annual salary received by a district judge in the county.  The judge
is required to be paid in installments in the same manner as other county
employees rather than in monthly installments.   

EFFECTIVE DATE

September 1, 2001.



 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3632 modifies the original to specify that a county court at law
does not have jurisdiction of a case in which the amount in controversy is
less than rather than not more than the maximum amount in controversy
allowed the justice court in Wichita County.