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.