SRC-JEC H.B. 3696 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3696
By: Hinojosa (Lucio)
Intergovernmental Relations
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Currently, Hidalgo County has four county courts at law with jurisdiction
over civil as well as criminal matters. In recent years, the dockets of
these courts have greatly increased. In particular, these courts find
themselves devoting a larger portion of their time to criminal pretrial
hearings and trials.  H.B. 3696 creates the County Criminal Court at Law of
Hidalgo County to deal solely with criminal cases and the County Court at
Law No. 5 of Hidalgo County. The bill redesignates the County Court at Law
No. 3 as the statutory probate court of Hidalgo 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 25.1101, Government Code, to provide that in
addition to the existing statutory county courts, Hidalgo County has County
Court at Law No. 5 of Hidalgo County and County Criminal Court at Law of
Hidalgo County.  Removes the provision establishing that Hidalgo County has
County Court at Law No. 3 of Hidalgo County.  Provides that Hidalgo County
has one statutory probate court, the Probate Court of Hidalgo County. 

SECTION 2.  Amends Section 25.1102, Government Code, by adding Subsection
(b), to provide that, notwithstanding Subsection (a), a county criminal
court at law in Hidalgo County has only the jurisdiction provided by this
subsection.  Provides that a county criminal court at law has jurisdiction
over all criminal causes and proceedings, original and appellate,
prescribed by law for county courts. 

SECTION 3.  Amends Chapter 25C, Government Code, by adding Section 15.1103,
as follows: 

Sec. 25.1103.  HIDALGO COUNTY PROBATE COURT PROVISIONS.  Sets forth
requirements to be a judge of a statutory probate court. 

SECTION 4.  (a) Redesignates the County Court at Law No. 3 of Hidalgo
County as the Probate Court of Hidalgo County. 

(b) Provides that the judge of the County Court at Law No. 3 of Hidalgo
County is the judge of the Probate Court of Hidalgo County.  Provides that,
unless otherwise removed, the judge serves until December 31, 2002, and
until the judge's successor is elected and has qualified. Requires the
voters, in the 2002 general election and every four years thereafter, to
elect a judge of the Probate Court of Hidalgo County for a regular term of
four years. 

SECTION 5.  (a) Requires the judge of the County Court at Law No. 3 of
Hidalgo County to transfer all cases over which the court loses
jurisdiction under this Act and that are pending in the court on September
1, 2001, to a district court, county court at law, or county court in the
county with jurisdiction over the case. 
 
(b) Requires the local administrative statutory county court judge to
transfer any probate matter that is pending in a statutory county court in
Hidalgo County on September 1, 2001, to the Probate Court of Hidalgo
County. 

(c) Provides that when a case is transferred as provided by Subsection (a)
or (b) of this section, all processes, writs, bonds, recognizances, or
other obligations issued from the transferring court are returnable to the
court to which the case is transferred as if originally issued by that
court.  Provides that the obligees on all bonds and recognizances taken in
and for a court from which a case is transferred, and all witnesses
summoned to appear in a court from which a case is transferred, are
required to appear before the court to which a case is transferred as if
originally required to appear before that court. 

SECTION 6.  Provides that the County court at Law No. 5 of Hidalgo County
and the County Criminal Court at Law of Hidalgo County are created and this
Act takes effect September 1, 2001.