BILL ANALYSIS

C.S.H.B. 1693

By: Cain

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties observe that the district courts in Lamar County currently have a backlog of cases. To help alleviate this, C.S.H.B. 1693 seeks to expand the concurrent jurisdiction of the county court at law of Lamar County with the district court to include certain juvenile cases and matters and proceedings relating to motions to revoke probation or adjudicate guilt in certain felony cases. 

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

C.S.H.B. 1693 amends the Government Code to expand the Lamar County court at law's concurrent jurisdiction with the district court to include juvenile cases under family law cases and proceedings, and matters and proceedings related to motions to revoke probation or adjudicate guilt in felony cases in which a guilty plea was heard pursuant to such concurrent jurisdiction in felony cases to conduct arraignments and pretrial hearings and to accept guilty pleas. The bill makes a conforming change that includes felony cases, civil cases, and family law cases in matters of concurrent jurisdiction for which the district clerk serves as clerk of a county court at law of Lamar County.  The bill specifies that fees assessed in a case in which a county court at law of Lamar County has concurrent civil jurisdiction with the district court are the same as the fees that would be assessed in the district court for that case.  The bill authorizes a judge of the county court at law and a judge of a district court to transfer cases between the courts in the same manner that judges of district courts transfer cases under provisions of law relating to the transfer of cases in district courts.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1693 omits a provision included in the original including state jail and third degree felony cases and proceedings, including jury trials, in the matters and proceedings for which a county court at law in Lamar County has concurrent jurisdiction with the district court. The substitute differs from the original by specifying that such a court's concurrent jurisdiction with the district court in matters and proceedings related to motions to revoke probation or adjudicate guilt in felony cases is applicable to such matters and proceedings in which a guilty plea was heard pursuant to the county court's concurrent jurisdiction in felony cases.