HBA-KDB, JLV C.S.H.B. 62 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 62
By: Wolens
Judicial Affairs
3/2/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, district, county, statutory county, and statutory
probate 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 judges of the district, statutory county, statutory
probate, and county courts can try civil cases at other locations,
including public, private, or independent institutions of higher education
or public or private high schools elsewhere  in the county.  There are
concerns that this uncertainty in the law may deprive students of the
opportunity to witness judicial proceedings in an academic setting.
C.S.H.B. 62 extends authority to a judge of a district, statutory county,
statutory probate, or county court to try a civil case at an institution of
higher education, a private or independent institution of higher education,
or a public or private high school 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

C.S.H.B. 62 amends the Government Code to authorize a judge of a district,
statutory county, statutory probate, or county court to try a civil case at
an institution of higher education, a private or independent institution of
higher education, or public or private high school (alternate locations) in
the county in which the case was filed.  The bill provides that a county in
which a case is tried at any of the alternate locations is not required to
pay additional costs incurred because the case is tried at  an alternate
location. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by providing that a private or
independent institution of higher education or a public or private high
school is also an alternate location where a civil case is authorized to be
tried. The substitute also modifies the original by authorizing a judge of
a statutory or statutory probate court to try civil cases at an alternate
location.  The substitute adds new language to provide that a county in
which a case is tried at an alternate location is not required to pay
additional costs incurred because the case is tried at an alternate
location.