SRC-JLB, TAG S.B. 105 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 105
78R723 KLA-DBy: Averitt
Jurisprudence
2/24/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Navarro County Commissioners Court is authorized to create
the Navarro County Court at Law at anytime, and the new court will be
created on September 1, 2003, if enabling legislation is not repealed.
However, a non-binding, opinion-only referendum on the issue of creating a
new court was held and rejected by local citizens; but legislation
creating the new court has not been repealed.  As proposed, S.B. 105
abolishes the County Court at Law of Navarro County, if such a court has
been created, and requires the judge of that court to transfer each
pending case to a district court or county court with jurisdiction over
such case. 

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:  Sections 25.1771 (Statutory County Courts: Navarro
County) and 25.1772 (Statutory County Courts: 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.  Requires the abolition of the County Court at Law of Navarro
County on the effective date of this Act, if such a court has been
created, and the judge of that court to transfer each pending case to a
district court or county court with jurisdiction over the case.  Provides
that 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.