SRC-JEC H.B. 3637 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3637
77R9071 YDB-DBy: Hilderbran (Fraser)
Intergovernmental Relations
5/9/2001
Engrossed


DIGEST AND PURPOSE 

The 75th Legislature created the Burnet County Court at Law. Currently, the
court does not have concurrent jurisdiction with the district court in
family law cases and proceedings. Burnet County's population increase has
led to a backlog in certain cases.  H.B. 3637 provides the Burnet County
Court at Law concurrent jurisdiction with the district court in family law
cases and proceedings to help alleviate the situation. 

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 25.0292, Government Code, read as follows:

Sec. 25.0292.  BURNET COUNTY COURT AT LAW PROVISIONS. (a) Provides that,
except as provided by Subsection (k), in addition to the jurisdiction
provided by Section 25.0003 and other law, a county court at law in Burnet
County has concurrent jurisdiction with the district court in family law
cases and proceedings, including juvenile cases. 

(b)  Provides that a county court at law has the same terms of court as the
County Court of Burnet County. 

(c)  Authorizes a special judge of a county court at law to be appointed or
elected in the manner provided by law for the appointment or election of a
special county judge. 

(d)  Provides that the district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court.
Provides that the county clerk serves as clerk of a county court at law in
all other cases.  Requires the district clerk to establish a separate
docket for each county court at law. 

(e)  Requires a judge of a county court at law, except as provided by
Subsection (f), to be paid an annual salary set by the commissioners court
in an amount that is at least equal to the amount that is $1,000 less than
the total annual salary, including contributions and supplements, received
by a district judge in the county.  Requires the salary of the judge to be
paid in equal monthly installments out of the county treasury by the
commissioners court. 

(f)  Requires the Commissioners Court of Burnet County to set the salary of
each judge of a county court at law who engages in the private practice of
law or in whose court fees and costs under Section 51.702 are not
collected. 

(g)  Requires the county sheriff, in person or by deputy, to attend a
county court at law  as required by the judge. 

(h)  Provides that practice in a county court at law is that prescribed by
law for county courts, except that practice and procedure, rules of
evidence, issuance of process and writs, and all other matters pertaining
to the conduct of trials and hearings in a county court at law involving
family law cases and proceedings are governed by this section and the laws
and rules pertaining to district courts.  Provides that if a family law
case or proceeding is tried before a jury, the jury is required to be
composed of 12 members. 

(i)  Provides that the laws governing the drawing, selection, and service
of jurors for a county court apply to a county court at law.  Authorizes,
on request of the county judge or the judge of a county court at law,
jurors regularly impaneled for a week by the district court to be made
available and requires them to serve for the week in the county court or a
county court at law. 

(j)  Provides that the official court reporter of a county court at law is
a sworn officer of the court who holds office at the pleasure of the court.
Entitles the official court reporter of a county court at law to receive
compensation in an amount that is at least equal to the compensation
received by the lowest-paid official court reporter in the district court
in the county.  Requires the compensation to be paid in the same manner as
compensation for a district court reporter is paid. 

(k)  Amends a statutory reference. 

SECTION 2. Effective date: September 1, 2001.