H.B. 3600 78(R)    BILL ANALYSIS


H.B. 3600
By: King
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently the judges and staff of the 43rd Judicial District (Parker
County) and the County Court at Law for Parker County are extremely busy
and are becoming backlogged.  Without a second county court at law, Parker
County would be forced to utilize visiting judges, extend weekday work
schedules, or adopt weekend work schedules. This could ultimately damage
overall efficiency and morale.   

H.B. 3600 creates County Court at Law No. 2 for Parker County, establishes
a pay scale for the current and new county court at law judges, and raises
the jurisdiction of the current and new county court at law to a level
consistent with that of a district court.  Furthermore, the bill
establishes a procedure for the district clerk to manage the referral of
cases to both county courts at law and the 43rd District Court. 

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. 3600 creates a second County Court at Law in Parker County.  This
bill also gives the county courts at law in Parker County the general
jurisdiction of the district courts, but provides that the county courts
at law do not, with certain exceptions, have general jurisdiction over
felony cases nor do they have general supervisory authority over the
commissioners' court.  A county court at law also may not issue writs of
habeas corpus in felony cases.   

The bill also details the procedures of the county courts at law in Parker
County in addition to specifying their powers and duties.  The bill also
details personnel procedures including both the district clerk and the
court reporter as well as establishes the level of pay for county court at
law judges.  In addition, the bill sets forth certain procedures regarding
juries in the county courts at law, and specifies that a jury shall be
composed of six members unless the constitution requires a 12 member jury.
Failure to object before a six member jury is seated and sworn constitutes
a waiver of the 12 member jury.   

The bill also provides for certain procedures in the conduct of
proceedings in the county courts at law and the exchange of benches and
transfer of cases between the county courts at law and the district court.
The bill also specifies certain provisions regarding the issuance of a
marriage license in Parker County as well as provides for the immunity of
the judges of the county courts at law.  

EFFECTIVE DATE

September 1, 2003.