BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1413

                                                                                                                                       By: Hinojosa

                                                                                                                                      Jurisprudence

                                                                                                                                            5/25/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The current minimum amount which a defendant is authorized to appeal from a justice court is $20.  An increase in this minimum may help to expedite trials and to decrease the backlog in some of the higher level courts. 

 

S.B. 1413 increases the amount of judgment that may be appealed or removed from justice court from $20 to $250. 

 

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 26.042(e), Government Code, to provide that a county court has appellate jurisdiction in civil cases over which the justice courts have original jurisdiction in cases in which the judgment appealed from or the amount in controversy exceeds $250, rather than $20, exclusive of costs.

 

SECTION 2.  Amends Section 51.001(a), Civil Practice and Remedies Code, to authorize a party to a final judgment in a case tried in justice court in which the judgment or amount in controversy exceeds $250, rather than $20, exclusive of costs, to appeal that judgment to the county court. 

 

SECTION 3.  Amends Section 51.002(a), Civil Practice and Remedies Code, to make a conforming change.


SECTION 4.  Makes application of this Act prospective.

 

SECTION 5.  Effective date: September 1, 2007.