SRC-VRA H.B. 338 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 338
78R723 KLA-DBy: Cook, Byron(Averitt)
Administration
4/28/2003
Engrossed


DIGEST AND PURPOSE 

The 77th Texas Legislature passed S.B. 1808 which established a county
court at law in Navarro County.  Included in S.B. 1808 was a provision for
a non-binding referendum allowing the citizens of Navarro County to
express their opinion regarding the creation of the court.  The citizens
of that county were assured that if the court was not approved in the
referendum, legislation would be introduced in the 78th Legislature to
abolish the court.  In November 2001, the voters of Navarro County
rejected the creation of this court by a vote of 2581 to 1144.  The
Navarro County Commissioners Court could create the court at anytime and
it will be created on September 1, 2003, if not repealed.  H.B. 338
abolishes the County Court at Law for Navarro 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.  Repealer:  Section 25.1771 (Navarro County) and 25.1772
(Navarro County Court at Law Provisions), Government Code. 

SECTION 2.  Repealer:  Section 2, Chapter 772, Acts of the 77th
Legislature, Regular Session, 2001.   

SECTION 3.  (a)  Provides that if created before the effective date of
this Act, the County Court at Law of Navarro County is abolished on the
effective date of this Act and requires the judge of that court to
transfer each case that is pending in the court on that date to a district
court or county court in the county with jurisdiction over the case. 
 
(b)  Provides that when a case is transferred as provided by Subsection
(a)  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 4.  Effective date:  upon passage or September 1, 2003.