HBA-JLV, BSM H.B. 62 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 62
By: Wolens
Judicial Affairs
2/21/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, district  and county court judges are required to
conduct judicial proceedings at the county seat.  Though recent case law
suggests that trials may be held in locations in the county seat other than
the courthouse, the law is unclear with regard to whether district and
county court judges can try civil cases at institutions of higher education
elsewhere  in the county.  There are concerns that this uncertainty in the
law may deprive some students of the opportunity to witness judicial
proceedings in a university setting.  House Bill 62 extends authority to a
judge of a district or county court to try a civil case at an institution
of higher education in the county in which the case was filed. 

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 62 amends the Government Code to authorize a judge of a district
or county court to try a civil case at an institution of higher education
in the county in which the case was filed.  

EFFECTIVE DATE

September 1, 2001.