H.B. 2498 78(R)    BILL ANALYSIS


H.B. 2498
By: Luna
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Questions have arisen as to whether the County Court at Law No. 5 of
Nueces County has jurisdiction to hear cases involving children for whom
the court has appointed a temporary or permanent managing conservator,
even though this court is mandated to give preference to various family
law and child protective matters.  This has caused needless confusion
among parties seeking court hearings.   

H.B. 2498 resolves this issue by specifically granting this court
jurisdiction over proceedings involving children for whom the court has
appointed a temporary or permanent managing conservator.  

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. 2498 amends the Government Code to provide that the County Court at
Law No. 5 in Nueces County has jurisdiction over and shall give preference
to any proceeding involving an order relating to a child in the possession
or custody of the Department of Protective and Regulatory Services or for
whom the court has appointed a temporary or permanent managing
conservator, along with certain other family and mental health matters.  

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2003.