H.B. 738 78(R)    BILL ANALYSIS


H.B. 738
By: Laubenberg
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Rockwall County has experienced rapid population growth over the past few
years, resulting in a growing backlog in the docket of the district court.
Establishment of a county court at law for Rockwall County would ease the
current burden on the district court and facilitate the administration of
justice.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 738 amends the Government Code to create a statutory county court at
law in Rockwall County.  
The bill also sets forth provisions relating to the jurisdiction of this
court, jurors in this court, and the respective duties of the district
clerk and the county clerk.  The bill also sets forth provisions regarding
the appointment of an administrative judge, the administration of cases
when the county court at law and the district court have concurrent
jurisdiction, and the appointment of an official court reporter.   

The bill sets forth provisions for the hiring and payment of court staff,
as well as the qualifications of a court bailiff.  The bill also requires
that the judge of the county court at law must be a citizen of the United
States, that he or she may not engage in the private practice of law, that
he or she has the same judicial immunity as a district judge, and that in
matters of concurrent jurisdiction, the judge of the county court at law
and the district judge may exchange benches, transfer cases subject to
acceptance, assign each other to hear cases, and otherwise manage their
respective dockets under local administrative rules.  

EFFECTIVE DATE

September 1, 2003.