HBA-CBW H.B. 3627 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3627
By: Hope
Judicial Affairs
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

Montgomery County is one of the fastest growing counties in Texas.  The
county has grown by 61.2 percent since the 1990 census. The three county
courts at law in Montgomery County have been overwhelmed by the growth and
resulting caseload.  To keep pace with the number of cases in county
courts, the Montgomery County Commissioners Court passed a resolution
requesting the creation of a fourth court.  House Bill 3627 creates County
Court at Law No. 4  of Montgomery County. 

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. 

ANALYSIS

House Bill 3627 amends the Government Code to create County Court at Law
No. 4 of Montgomery County.  

The bill removes the provision that a county court at law in Montgomery
County has concurrent jurisdiction with the district court in cases related
to the Uniform Interstate Family Support Act.  The bill removes provisions
relating to the concurrent jurisdiction of County Court at Law No 1. of
Montgomery County with the justice court in all criminal matters and having
the same terms of court as the County Court of Montgomery County. The bill
requires the commissioners court to prescribe at least four terms each year
for a county court of law in Montgomery County.  The bill prohibits  the
judge of a county court at law from engaging in the private practice of
law.  The bill requires the judge of a county court to be paid annually not
less than $1,000 less than the total annual salary, including supplements,
of any district judge in the county. 
The bill removes the provision that authorizes a special judge of a county
court to be appointed to try a case that a judge of a county court has been
disqualified from adjudicating.  The bill requires juries in a county court
at law, rather than County Courts at Law Nos. 1 and 2,  to be composed of
six members. Juries in family law cases and proceedings shall be composed
of 12 members, unless the parties agree to a sixmember jury. 

The bill authorizes jurors to be summoned for service in the county court,
a county court at law, or a district court in Montgomery County and used
interchangeably in the courts. The bill removes the provisions regarding
the transfer of jurors to another court and jurors who are regularly
summoned by the district courts of Montgomery County. The bill provides
that appeals in all cases from judgments and orders of a county court at
law, rather than County Courts at Law Nos. 2 and 3, are to the court of
appeals as provided for appeals from district and county courts. 

EFFECTIVE DATE

January 1, 2002.