HBA-GUM, KMH H.B. 3780 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3780 By: Luna, Vilma 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 Nueces County. H.B. 3780 creates a new statutory county court in Nueces County. Additionally, this bill places the judge of the new county court at law in Nueces County on the juvenile board of the county. Furthermore, this bill sets forth the procedures for transferring a case to the new 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 Section 25.1801, Government Code, by amending Subsection (a) and adding Subsection (c), to include the County Court at Law No. 5 of Nueces County (court) in the list of statutory county courts in Nueces County. Requires the court to give preference to any proceeding involving an order relating to a child in the possession or custody of the Department of Protective and Regulatory Services, proceedings under Title 3 (Juvenile Justice Code), Family Code, and mental health matters under Section 25.1802(a)(4) (Nueces County Court at Law Provisions). Makes conforming changes. SECTION 2. Amends Section 25.1802, Government Code, by amending Subsections (a), (d), (e), (g), (i), and (n) and by adding Subsection (r): (a) Modifies the jurisdiction of the county courts at law of Nueces County by deleting the provision granting the court the general jurisdiction provided by Section 25.0021 (Jurisdiction) for a statutory probate court and the jurisdiction and authority of a probate court or a statutory probate court under Sections 4, 5, 5A, and 5B, Probate Code. Makes conforming changes. (d) Subjects this subsection to the provisions of Subsection (r) as added by this Act. (e) Makes conforming changes. (g) Makes a conforming change. (i) Makes conforming changes. (n) Makes conforming changes. (r) Expands the jurisdiction of County Court at Law No. 5 of Nueces County to include proceedings under Title 3, Family Code, and any proceeding involving an order relating to a child in the possession or custody of the Department of Protective and Regulatory Services. SECTION 3. Amends Section 152.1841(a), Human Resources Code, to include the judge of the County Court at Law No. 5 of Nueces County in the juvenile board of Nueces County. SECTION 4. Creates County Court at Law No. 5 of Nueces County, Texas. Effective date: September 1, 1999. SECTION 5. Requires the local administrative district judge to transfer any case described by Section 25.1801(c), Government Code, as added by this Act, that is pending in a district court in Nueces County on the effective date of this Act. Sets forth the contents of the case file when transferred to the County Court at Law No. 5 of Nueces County. SECTION 6. Emergency clause.