HBA-CMT, CBW S.B. 1808 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1808
By: Ogden
Judicial Affairs
5/15/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, Navarro County has a constitutional county court and a
state district court, however the county does not have a statutory county
court.  The number of cases heard by the courts in Navarro County,
including family law cases, has increased significantly.  Establishing
another court in Navarro County could ease the caseload and provide for a
more efficient manner of resolving cases.  Senate Bill 1808 establishes the
County Court at Law of Navarro County following voter approval by a
nonbinding referendum to be held by the 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

Senate Bill 1808 amends the Government Code to provide that Navarro County
has one statutory county court, the County Court at Law of Navarro County
(court).  The court has concurrent jurisdiction with the district court,
notwithstanding any law granting exclusive jurisdiction to the district
court. 

The bill provides that the county court at law does not have general
supervisory control or appellate review of the commissioners court or
jurisdiction of certain felony cases, suits, misdemeanors, or contested
elections.  The judge of a county court at law must have the same
qualifications as those required by law for a district judge.  In matters
of concurrent jurisdiction, the judge of a county court at law and the
district judge are authorized to exchange benches, transfer cases subject
to acceptance, and otherwise manage their respective dockets in accordance
with directives of the local administrative judge and local administrative
rules. 

The bill provides that the judge of the 13th District Court serves as the
local administrative judge for the district and county courts at law in
Navarro County.  The district judge is authorized to delegate the power to
assign or transfer cases.    The bill requires the local administrative
judge to assign certain felony cases to the district court except that the
local administrative judge is authorized to assign a case to the statutory
county court if assignment to that court is necessary for the efficient
management of the courts' dockets. 

The court  is created September 1, 2003, or on an earlier date determined
by the Commissioners Court of Navarro County by an order entered in its
minutes following a nonbinding referendum held in the county in which the
voters express a public opinion on the creation of the court. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.