HBA-EDN, CBW H.B. 3637 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3637
By: Hilderbran
Judicial Affairs
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

The 75th Legislature created the Burnet County Court at Law.  Prior to the
77th Legislature, the court did not have concurrent jurisdiction with the
district court in family law cases and proceedings.  Burnet County's
population increase has led to a growing number of cases being heard by the
county court. Providing the county court with concurrent jurisdiction with
the district court in certain matters would alleviate the district court's
caseload.  House Bill 3637 provides the Burnet County Court at Law
concurrent jurisdiction with the district court in family law cases and
proceedings. 

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 3637 amends the Government Code to provide that a county court
at law in Burnet County has concurrent jurisdiction with the district court
in family law cases and proceedings, including juvenile cases, and that a
county court at law has the same terms of court as the County Court of
Burnet County.  The bill authorizes a special judge of a county court at
law to  be appointed or elected. The bill also provides that the district
clerk serves as clerk of a county court at law in matters of concurrent
jurisdiction with the district court and serves as clerk of a county court
of law in all other cases.  The bill requires the district clerk to
establish a separate docket for each county court of law.  

The bill requires the county court at law to be paid an annual salary set
by the commissioners court in an amount that is at least equal to the
amount that is $1,000 less than the total annual salary, including
contributions and supplements, received by a district judge in the county.
The bill requires the judge to be paid in equal monthly installments out of
the county treasury by the commissioners court.  The bill requires the
Commissioners Court of Burnet County to set the salary of each judge of a
county court at law who engages in the private practice of law or in whose
court fees and costs are not collected. 

The bill requires the county sheriff, in person or by deputy, to attend a
county court at law as required by the judge. The bill sets forth
provisions regarding the practice in a county court at law and provides
that laws governing the drawing, selection, and service of jurors for a
county apply to a county court at law. On request of the county judge or
the judge of a county court at law, the bill provides that jurors regularly
impaneled for a week by the district court may be made available and
required to serve for the week in the county court or a county court at
law. The bill sets forth provisions regarding the compensation of a court
reporter. 

EFFECTIVE DATE

September 1, 2001.