HBA-GUM, KMH H.B. 2136 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2136
By: Hilderbran
Judicial Affairs
7/27/1999
Enrolled
BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, there was a perceived local need for a
new statutory county court in Kendall County.  H.B. 2136 creates a new
statutory county court in Kendall County.  This bill further provides that
the county court at law will have concurrent jurisdiction with the district
court in all nonfelony cases and family law matters.  In addition, this
bill provides for the appointment and compensation of special judges and
the duties of the district and county clerk in regard to the county court
at law.  This bill also provides that, on request of a county court at law
judge, jurors regularly impaneled for a week by the district courts may be
made available and sets forth procedures for situations in which a cause or
proceeding that is lodged with the district clerk, and filed, docketed, or
assigned in or to a county court at law and that does not have subject
matter jurisdiction over the cause or proceeding. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 25, Government Code, by adding
Sections 25.1321 and 25.1322, as follows: 

Sec.  25.1321.  KENDALL COUNTY.  Provides that Kendall County has one
statutory county court, the County Court at Law of Kendall County. 

Sec.  25.1322.  KENDALL COUNTY COURT AT LAW PROVISIONS.  (a) Provides that
in addition to the jurisdiction provided by Section 25.003 (Jurisdiction)
and other law, a county court at law of Kendall County has concurrent
jurisdiction with the district court, except as limited by Subsection (b). 

(b)  Provides that a county court at law does not have jurisdiction of
felony cases, except as otherwise provided by law, misdemeanors involving
official misconduct, or contested elections. 

(c)  Prohibits a county court at law from issuing a writ of habeas corpus
in a felony case over which the court has jurisdiction. 

(d)  Requires the commissioners court by order entered of record to set at
least two terms of court each year for each county court at law. 

(e)  Prohibits a judge of a county court at law from engaging in the
private practice of law. 

(f)  Authorizes a special judge of a county court at law to be appointed in
the manner provided by law for the appointment of a special county judge.  

(g)  Provides that the district clerk serves as the clerk of a county court
at law in matters in which the county court at law has concurrent
jurisdiction with the district court. Provides that the county clerk serves
as the clerk of a county court at law in all other matters.  Requires the
district clerk to establish a separate docket for each county court at law. 
 
(h)  Sets forth the salary of a judge of a county court at law.

(i)  Requires the county sheriff to attend a county court at law as
required by the judge in person or by deputy. 

(j)  Provides that on request of a county court at law judge, jurors
regularly impaneled for a week by the district courts may be made
available.  Requires the jurors to serve for the week in the county court
at law. 

(k) Sets forth procedures for any cause or proceeding that is lodged with
the district clerk and the district clerk filed, docketed, or assigned the
cause or proceeding in or to a county court at law and that does not have
subject matter jurisdiction over the cause or proceeding. 

SECTION 2.  Creates the County Court at Law of Kendall County on January 1,
2001, or on an earlier date determined by the commissioners court by an
order entered into its minutes, notwithstanding Section 25.1321, Government
Code, as added by this Act. 

SECTION 3.Emergency clause.
  Effective date: 90 days after adjournment.