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


Office of House Bill AnalysisH.B. 2136
By: Hilderbran
Judicial Affairs
4/8/1999
Introduced
BACKGROUND AND PURPOSE 

Currently, there is 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. 

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 in nonfelony criminal cases and family
law matters. 

(b) 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. 

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

(d) Requires the salary of a judge of a county court at law to be set by
the commissioners court and requires it to be paid out of the county
treasury on orders from the commissioners court. 

(e) 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.
Provides that a special judge must have the same qualifications and
entitles the special judge to the same rate of compensation as the regular
judge. 

(f) 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. 

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.