SRC-SEW S.B. 1808 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1808
77R10618 KLA-DBy: Ogden
Intergovernmental Relations
4/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, Navarro County has a constitutional county court and a state
district court.  However, because of pressures on the local legal system
such as growing caseloads and increasingly complex family law cases before
the district court, Navarro's county judge and district judge believe that
a new county court at law is needed.  As proposed, S.B. 1808 creates a
county court at law for Navarro County after voter approval via a
nonbinding referendum to be held by the 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 Chapter 25C, Government Code, by adding Sections 25.1771
and 25.1772, as follows: 
 
Sec. 25.1771.  NAVARRO COUNTY.  Provides that Navarro County has one
statutory county court, the County Court at Law of Navarro County. 

Sec. 25.1772.  NAVARRO COUNTY COURT AT LAW PROVISIONS. (a) Provides that,
in addition to the jurisdiction provided by Section 25.0003 and other law,
and notwithstanding any law granting exclusive jurisdiction to the district
court, a county court at law in Navarro County has concurrent jurisdiction
with the district court. 
 
b)  Provides that the district clerk serves as clerk of a statutory county
court in all criminal matters in which the statutory county court has
concurrent jurisdiction with the district court.  Provides that the county
clerk serves as clerk of the statutory county court in all other matters. 

SECTION 2.  Provides that, notwithstanding Section 25.1771, Government
Code, as added by this Act, the County Court at Law of Navarro County is
created September 1, 2003, or on an earlier date determined by the
commissioners court by an order entered in its minutes following a
nonbinding referendum held in the county in which the voters express a
public opinion on the creation of the court as provided by Section 3 of
this Act. 

SECTION 3. (a) Requires the Commissioners Court of Navarro County, before
entering an order as provided by Section 2 of this Act to create the County
Court at Law of Navarro County on a date earlier than September 1, 2003, to
order a nonbinding referendum to be held in the county on the question of
whether to create a county court at law in the county as provided by this
Act. 
 
(b)  Requires the ballot to be printed to permit voting for or against the
proposition:  "Creating a county court at law in Navarro County." 

 (c)  Requires the proposition to be printed on the ballot under the
heading:  "Referendum Proposition."  Requires that the following be printed
beneath the heading:  "This referendum is an expression of public opinion
only and has no binding effect as law." 

(d)  Requires the nonbinding referendum to be conducted as provided by the
Election Code. 
 
SECTION 4. Effective date: upon passage or September 1, 2001.