HBA-BSM H.B. 3643 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3643
By: Seaman
Judicial Affairs
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no statutory authority for the creation of a county
court at law in Aransas County. Aransas County is currently served by three
district courts, and the demands of the district judges in other counties
cause unnecessary delay for legal matters in Aransas County.  Because
Aransas County has experienced population growth of more than  25 percent
during the last decade, the legal community in Aransas County has requested
the creation of a county court at law to meet the growing legal needs of
Aransas County.  House Bill 3643 creates the County Court at Law of Aransas
County and establishes its jurisdiction in regard to probate, juvenile,
family, civil, and certain criminal cases. 

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 3643 amends the Government Code to create the County Court at
Law of Aransas County. The bill provides that the county court at law has
concurrent jurisdiction with the district court in family law cases to
conduct arraignments, conduct pretrial hearings, and accept guilty pleas.
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 the county clerk serves as clerk of a county court at law in all other
cases.  The district clerk is required to establish a separate docket for a
county court at law.  The bill also requires the commissioners court to
provide the deputy clerks, bailiffs, and other personnel necessary to
operate a county court at law.  The jury is to be composed of 12 members in
all matters of concurrent jurisdiction with the district court and
six-members in misdemeanor criminal cases and all other cases.   

The bill also provides that the County Court of Aransas County has no
probate, juvenile, civil, or criminal jurisdiction.   

The County Court at Law of Aransas County is created December 31, 2002 or
on an earlier date determined by the commissioners court by an order
entered in its minutes. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.