HBA-BSM H.B. 3678 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3678 By: Gray Judicial Affairs 4/26/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, Galveston County has 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 provides the sheriff to appoint a deputy to attend the county courts or Probate Court of Galveston County when required by the judge. 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 12-member jury. Failure to object before a six-member jury is seated and sworn constitutes a waiver of a 12-member 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. The bill deletes provisions specifying the manner in which a court reporter may be made available to report jury trials when not engaged in a jury trial. EFFECTIVE DATE September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 provides that each reporter may be made available when not engaged in proceedings in their court to report proceedings in all other courts.