BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1620

79R6113 RJA-D                                                                                                                 By: Lucio

                                                                                                                                      Jurisprudence

                                                                                                                                            3/31/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, the six state district courts in Cameron County also hear cases in Willacy County on a rotating basis.  This creates a considerable financial strain on Willacy County, a county with fewer than 21,000 residents. 

 

Because each judge must also sit on the Juvenile Board, Willacy County expends $33,108 per year on the six judges, at a rate of $5,518 for each judge.  Also, because each judge appoints court reporters, Willacy County expends $37,800 per year on the eight court reporters, $4,725 for each reporter.  In addition to these expenses, Willacy County must also pay mileage, additional support staff, and other expenses paid to judges.

 

Consistency and continuity are lacking for parties before the court in Willacy County.  With the current system of rotation, different judges hear different portions of cases, depending on when the rotations begin and end.

 

As proposed, S.B. 1620 retains the 197th  district's jurisdiction to hear cases in both Willacy and Cameron counties, while limiting the jurisdiction of the 103rd, 107th, 138th, 357th, and 404th district courts solely to Cameron County.

 

By reducing jurisdiction to the 197th District Court, Willacy would only pay roughly $10,000 per year, or slightly more depending on other operating expenses.  This would save the county at least $60,665 per year.  In addition, this would also provide some continuity for the Willacy County civil and criminal docket, by having judicial matters handled by one judge in one location.  This bill would also alleviate the burden created on the five other district judges by not having to stall proceedings in Cameron County while the judges serve in Willacy County.  Judicial economy and efficiency are thus well-served for both residents of Cameron and Willacy counties as a result of this bill.

 

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 Section 24.205, Government Code, as follows:

 

Sec. 24.205.  New heading: 103rd JUDICIAL DISTRICT (CAMERON COUNTY).  Provides that the 103rd Judicial District is composed of Cameron County, rather than Cameron and Willacy counties.  Makes conforming and nonsubstantive changes.

 

SECTION 2.  Amends Section 24.209, Government Code, as follows:

 

Sec. 24.209.  New heading: 107th JUDICIAL DISTRICT (CAMERON COUNTY).  Provides that the 107th Judicial District is composed of Cameron County, rather than Cameron and Willacy counties.

 

SECTION 3.  Amends Section 24.240, Government Code, as follows:

 

Sec. 24.240.  New heading: 138th JUDICIAL DISTRICT (CAMERON COUNTY).  Provides that the 138th Judicial District is composed of Cameron County, rather than Cameron and Willacy counties.  Makes conforming and nonsubstantive changes.

 

SECTION 4.  Amends Section 24.503, Government Code, as follows:

 

Sec. 24.503.  New heading: 357th JUDICIAL DISTRICT (CAMERON COUNTY).  Provides that the 357th Judicial District is composed of Cameron County, rather than Cameron and Willacy counties.

 

SECTION 5.  Amends Section 24.549, Government Code, as follows:

 

Sec. 24.549.  New heading: 404th JUDICIAL DISTRICT (CAMERON COUNTY).  Provides that the 404th Judicial District is composed of Cameron County, rather than Cameron and Willacy counties.

 

SECTION 6. (a) Requires the local administrative district judge to transfer all cases from Willacy County that are pending in the 103rd, 107th, 138th, 357th, and 404th district courts on September 1, 2005, to the 197th District Court.

 

(b) Provides that when a case is transferred as provided by Subsection (a), all proceeds, writs, bonds, recognizances, or other obligations from the 103rd, 107th, 138th, 357th, and 404th district courts are returnable to the 197th District Court as if originally issued by the court.  Requires the obliges on all bonds and regonizances taken in and for the 103rd, 107th, 138th, 357th, and 404th district courts and all witnesses summoned to appear in those courts to appear before the 197th District Court as if originally required to appear before that court. 

 

SECTION 7.  Effective date: September 1, 2005.