Enrolled Bill Summary

House Bill 3153	House Author:  Lewis et al.
Effective:  See below	Senate Sponsor:  West et al.

            House Bill 3153 amends Government Code provisions regarding the operation and administration of, and practice in courts in, the judicial branch.  First, the bill amends provisions concerning certain district courts, district attorneys, and juvenile boards. The bill transfers Leon County from the jurisdiction of the 12th Judicial District to the jurisdiction of the 369th Judicial District; removes Waller County from the jurisdiction of the 155th Judicial District and transfers all cases from Waller County pending in the 155th District Court on January 1, 2014, to the 506th District Court; and transfers Bandera County from the jurisdiction of the 216th Judicial District to the jurisdiction of the 198th Judicial District. The bill sets out provisions regarding the transfer of pending cases between districts and removes provisions regarding the terms of the 12th District Court, the 155th District Court, and the 216th District Court. The bill reenacts a Human Resources Code provision concerning the composition of Leon County's juvenile board and provides for the redesignation of the district attorney in that county.

The bill removes Edwards, Kimble, McCulloch, Mason, and Menard Counties from the 198th Judicial District; creates the 452nd Judicial District to be composed of those counties; and sets out provisions regarding juries in each county and the election of a district attorney who is to be subject to the professional prosecutors law. The bill also transfers Menard and McCulloch Counties from the Seventh Administrative Judicial Region to the Sixth Administrative Judicial Region. The bill creates the 442nd Judicial District, composed of Denton County, the 443rd Judicial District, composed of Ellis County, and the 450th Judicial District, composed of Travis County. The bill requires the 450th District Court to give preference to criminal matters.

In addition, House Bill 3153 amends provisions concerning statutory county courts and court costs and fees. The bill creates the County Court at Law of Atascosa County and the County Court at Law of Jim Wells County as the sole statutory county courts for those counties. The bill establishes the jurisdiction of each court and sets out provisions regarding a judge's qualifications and salary, division of clerk duties, a court reporter's salary, and transfer of jurors. The bill also sets out provisions relating to the jurisdiction, division of clerk duties, and juries in the County Court at Law of Harrison County; provisions relating to the jurisdiction, division of clerk duties, fees, and jurors and juries in the County Court at Law of Lamar County; and provisions regarding the jurisdiction of the County Court at Law of Navarro County. The bill creates the County Court at Law Number 9 of Travis County as a statutory county court and requires that court to give preference to criminal cases. The bill also adds a subchapter creating the 1st Multicounty Court at Law, composed of Fisher, Mitchell, and Nolan Counties, as a multicounty statutory county court, abolishes the County Court at Law of Nolan County, and provides for the transfer of cases from the abolished court to the multicounty court at law. The bill establishes the jurisdiction of the 1st Multicounty Court at Law and prohibits the judge from engaging in the private practice of law. Among other things, the bill provides for the court reporter's salary, court fees and costs, and division of clerk duties.

Finally, House Bill 3153 adds a subchapter concerning magistrates in Guadalupe County.  The bill authorizes the appointment of magistrates in the county, sets out appointment procedures for the magistrates, and authorizes the elimination of magistrate positions by a majority vote of the county commissioners court. The bill also includes provisions relating to magistrate qualifications; compensation requirements; judicial immunity; termination of employment; jurisdiction, responsibility, and powers; and personnel, equipment, and office space.

House Bill 3153 takes effect September 1, 2013, except as follows:  provisions relating to the 443rd Judicial District take effect September 1, 2014; provisions relating to the 442nd Judicial District, the County Court at Law of Jim Wells County, and the County Court at Law of Harrison County take effect January 1, 2015; and provisions relating to the 450th Judicial District and the County Court at Law Number 9 of Travis County take effect September 1, 2015.