SRC-JEC S.B. 1786 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1786
77R4965 KLA-FBy: Haywood
Intergovernmental Relations
5/4/2001
As Filed


DIGEST AND PURPOSE 

Under current law, Wichita County Courts at Law Nos. 1 and 2 have general
jurisdiction concurrent with certain other county courts and district
courts of Wichita County.  As proposed, S.B. 1786 clarifies the
jurisdiction of the county courts at law and the roles and compensation of
judges and clerks, in order to allow the court system to operate more
efficiently. 

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 25.2452, Government Code, as follows:

(a)  Provides that in addition to the jurisdiction provided by Section
25.0003 and other law, including the general jurisdiction provided for a
county court at law by the Texas Probate Code, a county court at law in
Wichita County has concurrent jurisdiction with the county court in certain
matters.  Deletes text regarding juvenile, child neglect, or dependency
proceedings. 

(b) Requires all appeals from municipal courts of records, misdemeanor
cases, and probate and mental health matters to be filed in the county
court at law.  Authorizes a county court at law to transfer a case or an
appeal described by this subsection to the county court with the consent of
the county judge.  Deletes text regarding the jurisdiction of the County
Court at Law No. 2 of Wichita County. 

(c) Provides an exception.  Deletes language regarding the jurisdiction of
the County Court at Law No. 1 of Wichita County.  Sets forth concurrent
jurisdiction between a county court at law and the district court.  Deletes
language regarding suits and juvenile and child welfare cases. 

 (d) Sets forth matters of which a county court at law does not have
jurisdiction. 

(e) Authorizes a county court at law, on the motion of any party, to
transfer a civil case originally filed in a county court at law that
exceeds the maximum amount in controversy described by Subsection (d) to
the district court in Wichita County, with an exception. Requires a case
that is transferred to the district court to be completed under the same
cause number and in the same manner as if the case were originally filed in
the district court. 

(g) Requires the judge of a county court at law to be paid an annual salary
that is $1,000 less than, rather than does not exceed the amount that is 90
percent of, the total annual salary received by a district judge in the
county.  Requires, rather than authorizes, the judge to be paid in
installments in the same manner as other county employees.  Deletes text
regarding a monthly installment payment. 

 (i) Provides that the district clerk of Wichita County serves as the clerk
of the county courts at law in Wichita County in all civil cases except
probate and mental health matters.  Provides that the county clerk serves
as clerk in cases involving criminal, probate, or mental health matters.
Deletes text regarding Subsection (d) and all other cases. 

(k) Provides an exception.  Deletes a reference to Subsection (d).
Authorizes jurors regularly impaneled for a week by a district court, on
request of the county judge exercising the jurisdiction provided by this
section or a county court at law judge, to be made available and requires
them to serve for the week in the county court or county court at law. 

SECTION 2.   Effective date: September 1, 2001.
  Makes application of this Act prospective.