HBA-ATS, RBT H.B. 3826 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3826
By: Counts
Judicial Affairs
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

The 50th Judicial District is composed of Baylor, Cottle, King, and Knox
counties.  Prior to the 76th Legislature, county judges in the 50th
Judicial District were precluded from accepting or receiving guilty pleas
in cases other than misdemeanor cases.  In order to set a trial date and
start proceedings, the county judge had to turn the case over to the
district judge.  H.B. 3826 provides that the district court in Baylor,
Cottle, King, and Knox counties has the civil jurisdiction of a county
court in addition to other jurisdiction provided by law, rather than the
civil and criminal jurisdiction of a county court except for the
jurisdiction each county court retains to receive and enter guilty pleas in
misdemeanor cases.  This bill also provides that the county court of Baylor
County has the general criminal jurisdiction of a county court but has no
other civil jurisdiction. 

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 24.152(b), Government Code, to provide that the
district court in Baylor, Cottle, King, and Knox counties has the civil
jurisdiction of a county court in addition to other jurisdiction provided
by law, rather than the civil and criminal jurisdiction of a county court
except for the jurisdiction each county court retains to receive and enter
guilty pleas in misdemeanor cases. 

SECTION 2.  Amends Section 26.112, Government Code, to provide that the
county court of Baylor County has the general criminal jurisdiction of a
county court.  Makes conforming changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.