By:  Thompson, S.                                       H.B. No. 39
       73R972 RJA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to reapportionment of state judicial districts by the
    1-3  Judicial Districts Board.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 24.945, Government Code, is amended to
    1-6  read as follows:
    1-7        Sec. 24.945.  Rules and Conditions for Reapportionment.  (a)
    1-8  The reapportionment of the judicial districts of the state by the
    1-9  board is subject to the rules and conditions provided by
   1-10  Subsections (b)-(d).  In adopting a reapportionment order, the
   1-11  board may only consider factors listed in this section.
   1-12        (b)  Reapportionment of the judicial districts shall be made
   1-13  on a determination of fact by the board that the reapportionment
   1-14  will best promote the efficiency and promptness of the
   1-15  administration of justice in the state by equalizing as nearly as
   1-16  possible the judicial burdens of the district courts of the various
   1-17  judicial districts.  In determining the reapportionment that best
   1-18  promotes the efficiency and promptness of the administration of
   1-19  justice, the board shall consider:
   1-20              (1)  the numbers and types of cases filed in the
   1-21  district courts of the counties to be affected by the
   1-22  reapportionment;
   1-23              (2)  the numbers and types of cases disposed of by
   1-24  dismissal or judgment in the district courts of those counties;
    2-1              (3)  the numbers and types of cases pending in the
    2-2  district courts of those counties;
    2-3              (4)  the number of district courts in those counties;
    2-4              (5)  the population of the counties; and
    2-5              (6)  <the area to be covered by a judicial district;
    2-6  and>
    2-7              <(7)>  the actual growth or decline of population and
    2-8  district court case load in the counties to be affected.
    2-9        (c)  Each judicial district affected by a reapportionment
   2-10  must contain one or more complete counties except as provided by
   2-11  this section.  A county may not be in more than one judicial
   2-12  district.  <More than one judicial district may contain the same
   2-13  county or counties.>  If more than one county is contained in a
   2-14  judicial district, the territory of the judicial district must be
   2-15  contiguous.  A judicial district may not be composed of more than
   2-16  four counties per judge.
   2-17        (d)  Subject to the other rules and conditions in this
   2-18  section, a judicial district in a reapportionment under this
   2-19  subchapter may:
   2-20              (1)  be enlarged in territory by including an
   2-21  additional county or counties in the district, but a county having
   2-22  a population as large or larger than the population of the judicial
   2-23  district being reapportioned may not be added to the judicial
   2-24  district;
   2-25              (2)  be decreased in territory by removing a county or
   2-26  counties from the district;
   2-27              (3)  have both a county or counties added to the
    3-1  district and a county or counties removed from it; or
    3-2              (4)  be removed to another location in the state so
    3-3  that the district contains an entirely different county or
    3-4  counties.
    3-5        (e)  The legislature, the Judicial Districts Board, or the
    3-6  Legislative Redistricting Board may not redistrict the judicial
    3-7  districts to provide for any judicial district smaller in size than
    3-8  an entire county except as provided by this subsection.  Judicial
    3-9  districts smaller in size than the entire county may be created
   3-10  subsequent to a general election in which a majority of the persons
   3-11  voting on the proposition adopt the proposition "to allow the
   3-12  division of __________ County into judicial districts composed of
   3-13  parts of __________ County."  A redistricting plan may not be
   3-14  proposed or adopted by the legislature, the Judicial Districts
   3-15  Board, or the Legislative Redistricting Board in anticipation of a
   3-16  future action by the voters of any county.
   3-17        SECTION 2.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency and an imperative public necessity that the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended,
   3-22  and that this Act take effect and be in force from and after its
   3-23  passage, and it is so enacted.