HBA-NLM H.B. 561 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 561
By: Puente
Judicial Affairs
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

No new county courts of law have been formed in Bexar County since 1985.
Since then, the population has increased, resulting in a decreasing ratio
of judges per capita.  H.B. 561 creates three new county courts at law in
Bexar County.  County Court at Law No. 10 of Bexar County will give
preference to civil cases.  County Courts at Law Nos.11 and 12 will give
preference to criminal cases and appeals de novo from the municipal and
justice 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 25.0171(b), Government Code, to include County
Courts at Law Nos. 10, 11, and 12 of Bexar County, Texas, among the list of
county courts which exist in Bexar County. 
Makes a nonsubstantive change.

SECTION 2.  Amends Section 25.0172, Government Code, as follows:

(b)  Requires the County Court at Law No.10 to give preference to civil
cases. 

(c)  Includes County Courts at Law Nos. 6,11, and 12 among the courts
required to give preference to criminal cases and appeals de novo from the
municipal and justice courts. Makes a nonsubstantive change. 

(d)  Includes County Courts at Law Nos.10,11, and 12 among the courts
having six terms of court beginning on the first Mondays in January, March,
May, July, September, and November. Makes a nonsubstantive change.  

(l)   Includes County Court at Law No. 10,11, or 12 among the courts which
are authorized to appoint or elect  a special county judge, if the judge is
absent, disabled, or disqualified from presiding, according to the existing
provisions of this subdivision. Makes a nonsubstantive change. 

(n)  Includes the County Courts at Law Nos.10,11, or 12 among the list of
courts that the criminal district attorney is required by the judge to
attend. Makes a nonsubstantive change. 

(o)  Includes the judge of the County Court at Law No.10,11, or 12 among
the list of judges authorized to appoint a court coordinator or
administrative assistant for the court, with the approval of the
commissioners court. Makes a nonsubstantive change. 

(u)  Includes County Courts at Law Nos.10,11, and 12 among the list of
county courts in which the official court reporter's fee shall be taxed as
costs in civil actions. Makes a nonsubstantive change. 


 
(v)  Includes County Courts at Law Nos.10,11, and 12 of Bexar County among
the list of county courts which are exempt from the provisions of Section
25.0006 (a) and 25.0006 (b), Government Code (Bond; Removal). Section
25.0006 states that the judge of a statutory count court must execute a
bond as prescribed by law for county judges and that the judge of a
statutory count court may be removed from office in the same manner and for
the same reasons as a county judge. Makes a nonsubstantive change. 

SECTION 3.  Provides that County Courts at Law Nos. 10,11, and 12 of Bexar
County, Texas, are created and that this Act takes effect September 1,
1999. 
                      
SECTION 4.  Emergency clause.