HBA-GUM, NMO H.B. 3854 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3854 By: Thompson Judicial Affairs 7/27/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Texas Legislature, state law required that probate cases be filed in particular Harris County Statutory Probate Courts by the last number in the case number. The intent of the law was to provide for random filings in the Harris County Statutory Probate Courts. However, some lawyers avoided certain judges or have had their cases assigned to certain courts by manipulating this case number filing system. H.B. 3854 requires the county clerk to assign and docket cases at random to the Harris County Statutory Probate Courts. 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 25.1034(j), Government Code, to require the county clerk to assign and docket at random, rather than file, matters and proceedings filed in the statutory probate courts according to the following percentages: Probate Court No. 1 of Harris County, 30 percent; Probate Court No. 2 of Harris County, 30 percent; Probate Court No. 3 of Harris County, 20 percent; and Probate Court No. 4 of Harris County, 20 percent. Deletes language requiring that cases ending in 3 and 4 be filed in the Probate Court No. 1 of Harris County, cases ending in 0 or 5 be filed in the Probate Court No. 3 of Harris County, all other cases ending in an odd number be filed in Probate Court No. 1 of Harris County, and all other cases ending in an even number be filed in Probate Court No. 2 of Harris County. Deletes language that requires the clerk to file the cases in the courts in the order in which the cases were deposited with the clerk for filing. Makes conforming changes. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.