BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1416

                                                                                                                                       By: Hinojosa

                                                                                                                                              Judiciary

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The current minimum amount which a defendant is authorized to appeal from small claims 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 bill increases the amount of a judgment that may be appealed from small claims 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 28.052(a), Government Code, by authorizing a dissatisfied party to appeal the final judgment to the county court or county court at law if the amount in controversy, exclusive of costs, exceeds $250, rather than $20.

 

SECTION 2.  Makes application of this Act prospective.

 

EFFECTIVE DATE

 

September 1, 2007.