SRC-JEC H.B. 3678 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3678
By: Gray (Jackson)
Jurisprudence
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Currently, Galveston County has two county courts. However, Galveston
County has had a problem with the rate of adjudication in its county courts
because of an overload of both criminal and civil cases. An additional
county court will decrease the number of backlogged cases and allow for
cases to be adjudicated at a faster rate. Galveston County has used
visiting judges to relieve the amount of cases, but the county has
determined that an additional court would be the most efficient way to
address this backlog. H.B. 3678 creates County Court No. 3 of Galveston
County.  

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 25.0861(a), Government Code, to provide that
Galveston County has the County Court No. 3 of Galveston County, in
addition to other statutory county courts. 

SECTION 2.  Amends Section 25.0862, Government Code, as follows:

(a)  Provides that a statutory county court in Galveston County, in
addition to the jurisdiction provided by Section 25.0003 and other law, and
except as limited by Subsection (b), has the jurisdiction provided by the
constitution and by general law for district courts and appellate
jurisdiction in all appeals in criminal cases from justice courts and
municipal courts in Galveston County. 

(b) Provides that a statutory county court does not have jurisdiction of
felony cases, except as otherwise provided by law, or election contests.
Deletes text granting a statutory county court concurrent jurisdiction with
the district court in family law cases and proceedings. 

 Deletes text of Subsection (e), regarding the Probate Court of Galveston
County. 

(g) Requires the judge of a statutory county court to be paid an annual
salary that is not less than the total annual salary, including supplements
and contributions, paid a district judge in the county. 

(h) Provides that a bond is not required of the judge of the County Court
No. 3 of Galveston County. 

(i) Deletes text regarding a special judges.  Redesignated from Subsection
(l) with no changes. 

(j) Requires, rather than authorizes, the sheriff to appoint a deputy to
attend County Court No. 1, 2, or 3 of Galveston County or the Probate Court
of Galveston County when required by the judge.  Deletes text regarding
attendance at the court by a sheriff's deputy. 
 
(l) Authorizes each court reporter to be made available when not engaged in
proceedings in the recorder's court to report proceedings in all other
courts.  Deletes text regarding a reporter's engagement in a jury trial.
Makes conforming changes. 

 (m) Makes a conforming change.

(n) Provides that if a jury trial is requested in a case that is in a
county court at law's jurisdiction as provided by Subsection (a), the jury
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. 

SECTION 3.  Provides that, notwithstanding Section 25.0861, Government
Code, as amended by this Act, County Court No. 3 of Galveston County is
created October 1, 2001. 

SECTION 4.  Effective date: September 1, 2001.