HBA-LCA, S.B. 158 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 158
By: Luna, Greg
Judicial Affairs
4/14/1999
Engrossed


BACKGROUND AND PURPOSE 

Population growth in San Antonio is straining the Bexar County court
system.  S.B. 158 creates County Courts at Law No. 10, 11, and 12 in Bexar
County, and requires that these courts give preference to certain cases.
This bill also redesignates County Court at Law No. 1 and Probate Court of
Bexar County, Texas, as the County Court at Law No. 1 of Bexar County,
Texas. 

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 add County Court
at Law No. 1 of Bexar County, Texas, County Court at Law No. 10 of Bexar
County, Texas; County Court at Law No. 11 of Bexar County, Texas; and
County Court at Law No. 12 of Bexar County, Texas.  (County Court at Law
No. 1 and Probate Court of Bexar County, Texas is redesignated as County
Court at Law No. 1 of Bexar County, Texas in SECTION 6 of this Act.)  Makes
conforming changes. 

SECTION 2.  Amends Section 25.0172, Government Code, by adding Subsections
(a) and (b), and amending Subsections (c), (d), (l), (n), (o), (u), and
(v), to require County Court at Law No. 1 to give preference to criminal
cases, County Court at Law No. 10 to give preference to civil cases, and
County Courts at Law Nos. 11 and 12 to give preference to criminal cases
and appeals de novo from the municipal and justice courts.  Makes
conforming changes. 

SECTION 3. Amends Sections 25.0173(n) and (o), Government Code, to make
conforming changes. 

SECTION 4.  Repealer:  Section 25.0171(a), Government Code, which provides
that Bexar County has one county court at law and statutory probate court,
the County Court at Law and Probate Court of Bexar County, Texas.  Section
25.0173(b), Government Code, relating to the jurisdiction of certain Bexar
County courts. 

SECTION 5.  Requires the judge of County Court No. 1 and Probate Court of
Bexar County, on the effective date of this Act, to transfer all pending
mental illness proceedings to Probate Court No. 1 of Bexar County, Texas. 

SECTION 6.  Provides that the repeal of Subsection 25.0171(a) under this
Act is intended as a redesignation of the County Court at Law No. 1 and
Probate Court of Bexar County, Texas, as the County Court at Law No. 1 of
Bexar County, Texas, by amending Section 25.0171(b)(1), Government Code.
Provides that this redesignation does not affect the office of the judge of
that court, and that the judge, unless otherwise removed, continues to
serve for the term to which elected. 

SECTION 7.  Provides that the County Courts at Law Nos. 10, 11, and 12 of
Bexar County, Texas, are created and that this Act takes effect on
September 1, 1999. 

SECTION 8.  Emergency clause.