HBA-BSM H.B. 3696 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3696
By: Hinojosa
Judicial Affairs
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, Hidalgo County had four county courts at law
with jurisdiction over civil as well as criminal matters.  In recent years,
the dockets of these courts have greatly increased.  In particular, these
courts found themselves devoting a larger portion of their time to criminal
pretrial hearings and trials. House Bill 3696 creates the County Criminal
Court at Law of Hidalgo County, which deals solely with criminal cases, and
the County Court at Law No. 5 of Hidalgo County.  The bill redesignates the
County Court at Law No. 3 as the statutory probate court of Hidalgo 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 3696 amends the Government Code to create the County Court at
Law No. 5 of Hidalgo County and the County Criminal Court at Law of Hidalgo
County.  The bill redesignates County Court at Law No. 3 as the Probate
Court of Hidalgo County.   The bill provides that a county court at law has
concurrent jurisdiction with the district court in civil cases in which the
matter in controversy does not exceed $750,000 instead of $500,000.  The
bill also provides that a judge of a statutory probate court must be a
qualified voter, a resident of the county, and a licensed attorney in this
state who has actively practiced law for at least the five years preceding
the date of election or appointment.  The judge of the County Court at Law
No. 3 is the judge of the probate court and serves until December 31, 2002.
The County Court at Law No. 5 is created January 1, 2003. 

EFFECTIVE DATE

September 1, 2001.