SRC-SEW H.B. 3695 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3695
77R14358 KLA-DBy: Merritt (Cain)
Intergovernmental Relations
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Currently, Gregg County has one county court at law. Increases in the
county's population and in the complexity and volume of civil cases have
led to a backlog of cases in the Gregg County court system. The creation of
an additional court in Gregg County could allow the county judge to devote
more time to administrative duties and might alleviate the increasing
caseloads of Gregg County's district courts. H.B. 3695 establishes a second
statutory county court for Gregg County, contingent on voter approval.  

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 25.0941, Government Code, to provide that Gregg
County has the statutory county courts provided by this section.  Provides
that Gregg County has a statutory county court, the County Court at Law No.
1 of Gregg County, and an additional statutory county court, the County
Court at Law No. 2 of Gregg County. 
 
SECTION 2. (a) Provides that, notwithstanding Section 25.0941, Government
Code, as amended by this Act, the County Court at Law No. 2 of Gregg County
is created only on a majority vote in favor of the creation of the court by
the qualified voters of that county at an election held for that purpose. 

(b)  Requires, as soon as possible after the effective date of this Act,
the Commissioners Court of Gregg County to order an election on the
question of approving the creation of an additional county court at law in
Gregg County as provided by this Act. 
 
(c)  Requires an election ordered under Subsection (b) of this section to
be held on the next uniform election date under Section 41.001, Election
Code, that is on or after the 45th day following the date the election is
ordered. 
 
(d)  Provides that the County Court at Law No. 2 of Gregg County is created
January 1, 2003, only if a majority of the votes cast at the election favor
the creation of the court.  Requires the commissioners court to send a copy
of the order creating the court to the Office of Court Administration of
the Texas Judicial System. 
 
(e)  Provides that, if the creation of an additional county court at law in
Gregg County is not approved by the voters before January 1, 2002, Section
25.0941(c), Government Code, as added by this Act, expires. 
 
(f)  Requires, except as otherwise provided by this section, an election
held under this section to be conducted as provided by the Election Code. 

 SECTION 3.  Requires, notwithstanding Section 25.0009(c), Government Code,
the initial vacancy in the office of judge of the County Court at Law No. 2
of Gregg County to be filled by election. Provides that the office exists
for purposes of the primary and general elections in 2002.  Provides that a
vacancy after the initial vacancy is filled as provided by Section 25.0009,
Government Code. 
 
SECTION 4.  Provides that, except as provided by Section 3 of this Act, for
purposes of Section 201.027, Election Code, the effective date of the Act
creating the office is January 1, 2003. 
 
SECTION 5.  Effective date: upon passage or September 1, 2001.