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.