HBA-KMH C.S.H.B. 3499 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3499
By: Puente
Judicial Affairs
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas law limits the cases or aspects of a case that may be
referred to an associate judge. C.S.H.B. 3499 expands the cases or matters
that may be referred by a district judge to an associate judge in Bexar
County. 

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 Chapter 54, Government Code, by adding Subchapter P, as
follows: 

SUBCHAPTER P.  ASSOCIATE JUDGES IN BEXAR COUNTY

Sec.  54.951.  APPLICATION.  Provides that this subchapter controls over
any provision of Subchapter A, Chapter 201, Family Code. 

Sec.  54.952.  CASES THAT MAY BE REFERRED.  (a) Authorizes a judge of a
district court in Bexar County to refer to an associate judge in Bexar
County any case or portion of a case brought under the civil jurisdiction
of the appointing court in addition to the cases that may be referred under
Section 201.005 (Cases that May Be Referred), Family Code. 

(b) Authorizes an associate judge to preside over a jury or non-jury trial
on the merits of a case brought under the civil jurisdiction of the
appointing court. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3499 modifies the original in SECTION 1 by deleting proposed
Section 54.953 (Compensation).  The original required an associate judge in
Bexar County appointed under Section 201.001 (Appointment), Family Code, to
be paid an annual salary determined by the Commissioners Court of Bexar
County equal to between 85 percent and  90 percent of the annual salary
paid a district judge in Bexar County as set by the General Appropriations
Act.  The original also required the associate judge's salary to be paid
from the county fund for payment of officers' salaries.