SRC-JEC H.B. 3649 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3649
77R7692 KLA-FBy: Merritt (Cain)
Intergovernmental Relations
5/8/2001
Engrossed


DIGEST AND PURPOSE 

The Gregg County Court at Law has concurrent jurisdiction with the district
court in family law cases and proceedings. The judge of the county court at
law can hear uncontested divorce and other family cases. The Gregg County
Board of Judges has requested that the court at law be granted concurrent
jurisdiction with all district courts in Gregg County. Over the last five
years, pending cases before the district courts have increased by more than
500 cases.  H.B. 3649 grants the Gregg County Court at Law concurrent
jurisdiction with district courts of Texas in civil and criminal cases,
except capital murder.  

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 25.0942, Government Code, by amending Subsection
(a) and adding Subsection (l), as follows: 

(a) Provides that in addition to the jurisdiction provided by Section
25.003 and other law, a county court at law in Gregg County has, concurrent
with the district court, the jurisdiction provided by the constitution and
general law for district courts, except that the county court at law does
not have jurisdiction in capital felony cases.  Deletes text granting a
county court at law concurrent jurisdiction with the district court in
family law cases and proceedings. 

(l) Provides that, except as otherwise provided by this subsection, a jury
in a county court at law is required to be composed of six members, unless
the constitution requires a 12-member jury.  Provides that failure to
object before a six-member jury is seated and sworn constitutes a waiver of
a 12-member jury.  Provides that in matters in which the constitution does
not require a 12-member jury and the county court at law has concurrent
jurisdiction with the district court, the jury is required to be composed
of 12 members if a party to the suit requests a 12-member jury.  Authorizes
the parties to a civil case tried in a county court at law, by mutual
agreement and with the consent of the judge, to agree to try the case with
any number of jurors and have a verdict rendered and returned by the vote
of any number of those jurors that is less than the total number of jurors. 

SECTION 2.  Effective date: January 1, 2003.