SRC-SEW H.B. 3643 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3643
77R7046 RJA-FBy: Seaman (Armbrister)
Intergovernmental Relations
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Currently, there is no statutory authority for the creation of a county
court at law in Aransas County. Aransas County is currently served by three
district courts, and the demands of the district judges in other counties
cause unnecessary delay for legal matters in Aransas County. Because
Aransas County has experienced population growth of more than 25 percent
during the last decade, the legal community in Aransas County has requested
the creation of a county court at law to meet the growing legal needs of
Aransas County. H.B. 3643 creates the County Court at Law of Aransas County
and establishes its jurisdiction in regard to probate, juvenile, family,
civil, and certain criminal cases.  

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 Chapter 25C, Government Code, by adding Sections 25.0061
and 25.0062, as follows: 

Sec. 25.0061.  ARANSAS COUNTY.  Provides that Aransas County has one
statutory county court, the County Court at Law of Aransas County.  
 
Sec. 25.0062.  ARANSAS COUNTY COURT AT LAW PROVISIONS. (a) Provides that,
in addition to the jurisdiction provided by Section 25.0003 and other law,
a county court at law of Aransas County has concurrent jurisdiction with
the district court in certain cases and proceedings.   
  
(b)  Provides that the district clerk serves as clerk of a county court at
law in matters of concurrent jurisdiction with the district court, and 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 a county
court at law.  Requires the commissioners court to provide the deputy
clerks, bailiffs, and other personnel necessary to operate a county court
at law. 

(c)  Provides that the jury is composed of 12 members in all matters of
concurrent jurisdiction with the district court and six members in
misdemeanor criminal cases and all other cases. 
 
SECTION 2.  Amends Chapter 26E, Government Code, by adding Section 26.104.
as follows: 
 
Sec. 26.104.  ARANSAS COUNTY.  Provides that the County Court of Aransas
County has no probate, juvenile, civil, or criminal jurisdiction.  
 
SECTION 3.  Provides that, notwithstanding Section 25.0061, Government
Code, as added by this Act, the County Court at Law of Aransas County is
created December 31, 2002, or on an earlier date  determined by the
commissioners court by an order entered in its minutes. 
 
SECTION 4. Provides that, except as provided by Subsection (b) of this
section, the effective date of this Act is upon passage or September 1,
2001.   Provides that Section 2 of this Act takes effect on the date the
County Court at Law of Aransas County is created. 
 
SECTION 5.  Requires the judge of the County Court of Aransas County, on
the effective date of Section 2 of this Act, to transfer all pending
probate, juvenile, civil, and criminal cases in the court to the County
Court at Law of Aransas County. 
 
SECTION 6.  Provides that, when a case is transferred as provided by
Section 5 of this Act, all processes, writs, or other obligations issued
from the County Court of Aransas County are returnable to the County Court
at Law of Aransas County as if originally issued by that court.   Provides
that the obligees on all bonds taken for the County Court of Aransas County
and all witnesses summoned to appear in the County Court of Aransas County
are required to appear before the County Court at Law of Aransas County as
if originally required to appear before it.