Legislative Session: 81(R)

House Bill 4833

House Author:  Hunter et al.

Effective:  See below

Senate Sponsor:  Wentworth et al.


            House Bill 4833 amends provisions of the Government Code and Human Resources Code relating to the creation of district courts and statutory county courts and to the composition of juvenile boards in certain counties. Effective on the date specified, the bill creates the 431st Judicial District in Denton County on January 1, 2011, the 432nd Judicial District in Tarrant County on September 1, 2009, the 436th Judicial District in Bexar County on October 1, 2009, the 437th Judicial District in Bexar County on December 15, 2009, the 438th Judicial District in Bexar County on September 1, 2010, the 439th Judicial District in Rockwall County on November 1, 2010, and the 441st Judicial District in Midland County on September 1, 2009.  The bill requires the 432nd and 437th District Courts to give preference to criminal matters, the 436th District Court to give preference to juvenile matters, and the 438th District Court to give preference to civil matters.  The bill modifies the terms of the 110th District Court.

            House Bill 4833 creates three additional statutory county courts at law in Bexar County on September 1, 2009, to be designated as the County Court at Law No. 13 of Bexar County, Texas, the County Court at Law No. 14 of Bexar County, Texas, and the County Court at Law No. 15 of Bexar County, Texas.  The bill requires the County Court at Law No. 13 of Bexar County to give preference to certain cases involving family violence and assault.  The bill sets forth provisions regarding the following with respect to the additional courts: the courts' terms, the appointment or election of a special judge, the required attendance of the criminal district attorney, the appointment of a court coordinator or administrative assistant for the court, and the official court reporter's fee.  The bill exempts the additional courts from provisions regarding the execution of a bond by and the removal from office of a statutory county court judge.

            House Bill 4833 creates the County Court at Law of Bosque County on October 1, 2009, and sets forth provisions regarding the court's jurisdiction and terms, the judge's qualifications and compensation, the court's administrative and clerical personnel, the composition of the juries, and the use of jurors.  The bill creates the Fannin County Court at Law on September 1, 2009, and sets forth provisions regarding the court's jurisdiction.  The bill creates the County Court at Law of Navarro County on January 1, 2011, or on an earlier date determined by the county commissioners court.  The bill sets forth the following with respect to the County Court at Law of Navarro County, a county court at law in Hunt County, and, effective January 1, 2011, the Van Zandt County Court at Law: the courts' jurisdiction, the judges' qualifications and compensation, the prohibition against the judges' private practice of law, the role of the district clerk and county clerk, the official court reporters' compensation, and the transfer and use of jurors summoned for a county court at law or a district court in the county to another court for service.  The bill creates the County Court at Law No. 7 of Hidalgo County on September 1, 2011, and the County Court at Law No. 8 of Hidalgo County on September 1, 2012. 

            House Bill 4833 amends the Human Resources Code to expand, effective October 1, 2009, the composition of the Bosque, Comanche, and Hamilton Counties juvenile board to include the judge of the County Court at Law in Bosque County.  The bill requires the Hunt County Juvenile Board to designate a juvenile court judge as the board's chairman and its chief administrative officer and authorizes, rather than requires, each judge on the board to appoint a citizen to serve on the advisory council.  Effective January 1, 2011, the bill expands the composition of the Van Zandt County Juvenile Board to include the judge of the Van Zandt County Court at Law.

            Previous law provided that the voters of Hale and Swisher Counties elect a district attorney for the 64th Judicial District who represents the state in that district court in those counties. House Bill 4833 amends the Government Code to remove Swisher County from that provision, to require the county attorney in Swisher County to represent the state in all matters pending before the district court in Swisher County, and to include the Swisher County attorney within the scope of certain statutory provisions regarding the compensation, expenses, and limitations on law practice of professional prosecutors.

            House Bill 4833 amends the Health and Safety Code to authorize the commissioners court of a county to establish a veterans court program, which must have certain essential characteristics, for persons who are veterans or current members of the United States armed forces, who have a certain mental illness, and who are arrested for or charged with any misdemeanor or felony offense.  The bill requires the court in which a criminal case is pending to dismiss the action against a defendant if the defendant successfully completes a veterans court program and the court determines that dismissal is in the best interest of justice.  The bill sets forth the duties of a veterans court, the authority of counties to establish a regional veterans court program, oversight of the programs by committees assigned by the lieutenant governor and the speaker of the house of representatives, and program participation fees. 

            House Bill 4833 amends the Code of Criminal Procedure to modify the conditions that must be met for a person to be eligible for expunction of files and arrest records to include a dismissal or quashal of the indictment or information because the person completed a pretrial intervention program operated by a community supervision and corrections department.

            Except as otherwise provided, House Bill 4833 takes effect September 1, 2009, but only if a specific appropriation for the implementation of the bill is provided in a general appropriations act of the 81st Legislature.