BILL ANALYSIS
By: Hinojosa
BACKGROUND AND PURPOSE
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.
The purpose of the bill is to increase the amount of judgment that may be appealed or removed from justice court from $20 to $250.
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
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.
EFFECTIVE DATE
September 1, 2007.