SRC-JLB S.B. 1940 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1940
78R4908 QS-DBy: Armbrister
Jurisprudence
5/6/2003
As Filed


DIGEST AND PURPOSE 

The 77th Texas Legislature created the Aransas County Court at Law.  The
county court at law has concurrent jurisdiction with the district court in
all cases where the amount in controversy is over $500, which would
necessitate 12 person juries and the district clerk.  Normally, however, a
court at law has six person juries.  As proposed, S.B. 1940 provides that
all juries consist of six persons, unless otherwise prohibited by other
law;  designates the county clerk to be the clerk of court in all cases
except family law cases;  and adds the county court at law judge to the
composition of the juvenile board of Aransas 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.  Amends Sections 25.0062(b) and (c), Government Code, as
follows: 
 
(b)  Provides that the district clerk serves as clerk of a county court at
law in felony cases and family law cases and proceedings, rather then
matters of concurrent jurisdiction with the district court, and provides
that the county clerk serves as clerk of a county court at law in all
other cases. 

(c)  Provides that the jury is composed of six, rather than 12, members,
unless the constitution or other law requires a 12-member jury.  Deletes
text regarding all matters of concurrent jurisdiction with the district
court. 

SECTION 2.  Amends Section 152.0101(a), Human Resources Code, to provide
that the juvenile board of Aransas County is composed of the county judge,
the district judges in Aransas County, and the judge of the county court
at law. 
 
SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2003.