HBA-BSM H.B. 3678 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3678
By: Gray
Judicial Affairs
77/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, Galveston County had  two county courts.
However, Galveston County has had a problem with the rate of adjudication
in its county courts because of an overload of both criminal and civil
cases.  An additional county court will decrease the number of backlogged
cases and allow for cases to be adjudicated at a faster rate.  Galveston
County has used visiting judges to relieve the amount of cases, but the
county has determined that an additional court would be the most efficient
way to address this backlog.  House Bill 3678 creates County Court No. 3 of
Galveston 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 3678 amends the Government Code to create the County Court No. 3
of Galveston County on October 1, 2001.  The bill provides that a county
court in Galveston County (county court) has the jurisdiction provided by
the constitution and by general law for district courts, but does not have
jurisdiction of felony cases unless otherwise provided by law or election
contests.  The bill removes provisions regarding the terms of the Probate
Court of Galveston County.  The bill provides that the judge of a county
court shall be paid an annual salary that is not less than the total annual
salary including supplements and contributions paid to a district judge in
the county.  The bill requires the sheriff to appoint a deputy to attend
the county courts or Probate Court of Galveston County when required by the
judge.  The bill provides that each court reporter may be made available
when not engaged in proceedings in their court to report proceedings in all
other courts.  The bill requires that if a jury trial is requested in a
case that is in a county court at law's jurisdiction, the jury shall be
composed of six members unless the constitution requires a 12member jury.
Failure to object before a six-member jury is seated and sworn constitutes
a waiver of a 12member jury.  The bill removes the authority for a special
judge of a county court or probate court to be appointed or elected in
Galveston County.  

EFFECTIVE DATE

September 1, 2001.