By: Delco H.B. No. 1258
73R5726 RJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolishing certain district courts, creating additional
1-3 district courts, and the election of district court judges in
1-4 Travis County.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. (a) This Act is a response to federal court
1-7 suits relating to the application of the federal Voting Rights Act
1-8 to state district judges in certain counties.
1-9 (b) For district court elections in Travis County in 1994
1-10 and thereafter, judges shall be elected from places composed of
1-11 justice precincts as assigned by the legislature.
1-12 (c) The legislature finds that this Act is consistent with
1-13 all provisions of the Texas Constitution.
1-14 SECTION 2. Subchapter A, Chapter 24, Government Code, is
1-15 amended by adding Section 24.0015 to read as follows:
1-16 Sec. 24.0015. RESIDENCY REQUIREMENT OF JUDGES. A district
1-17 judge elected by place from an area that is less than the entire
1-18 judicial district may, but need not, be a resident of the area from
1-19 which elected.
1-20 SECTION 3. Effective January 1, 1995, Subchapter C, Chapter
1-21 24, Government Code, is amended by adding Section 24.531 to read as
1-22 follows:
1-23 Sec. 24.531. 386TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
1-24 The 386th Judicial District is composed of Travis County.
2-1 (b) The district has six judges who are elected from justice
2-2 precincts as provided by Subsection (c). For purposes of this
2-3 section, a justice precinct is composed of the area in the precinct
2-4 on January 1, 1993.
2-5 (c) One judge shall be elected for each of the following
2-6 places:
2-7 (1) places 1 and 6 shall be elected by voters residing
2-8 in Justice Precinct No. 1 of Travis County;
2-9 (2) place 2 shall be elected by voters residing in
2-10 Justice Precinct No. 2 of Travis County;
2-11 (3) place 3 shall be elected by voters residing in
2-12 Justice Precinct No. 3 of Travis County;
2-13 (4) place 4 shall be elected by voters residing in
2-14 Justice Precinct No. 4 of Travis County; and
2-15 (5) place 5 shall be elected by voters residing in
2-16 Justice Precinct No. 5 of Travis County.
2-17 SECTION 4. Effective January 1, 1997, Sections 24.531(b) and
2-18 (c), Government Code, as added by Section 3 of this Act, are
2-19 amended to read as follows:
2-20 (b) The district has 13 <six> judges who are elected from
2-21 justice precincts as provided by Subsection (c). For purposes of
2-22 this section, a justice precinct is composed of the area in the
2-23 precinct on January 1, 1993.
2-24 (c) One judge shall be elected for each of the following
2-25 places:
2-26 (1) places 1, <and> 6, and 11 shall be elected by
2-27 voters residing in Justice Precinct No. 1 of Travis County;
3-1 (2) places <place> 2, 7, and 12 shall be elected by
3-2 voters residing in Justice Precinct No. 2 of Travis County;
3-3 (3) places <place> 3, 8, and 13 shall be elected by
3-4 voters residing in Justice Precinct No. 3 of Travis County;
3-5 (4) places <place> 4 and 9 shall be elected by voters
3-6 residing in Justice Precinct No. 4 of Travis County; and
3-7 (5) places <place> 5 and 10 shall be elected by voters
3-8 residing in Justice Precinct No. 5 of Travis County.
3-9 SECTION 5. (a) Effective January 1, 1995, Sections 24.248,
3-10 24.380, 24.427, 24.438, 24.476, and 24.477, Government Code, are
3-11 repealed.
3-12 (b) A judicial district created by a section of the
3-13 Government Code that is repealed by Subsection (a) of this section
3-14 is abolished January 1, 1995.
3-15 SECTION 6. (a) Effective January 1, 1997, Sections 24.155,
3-16 24.200, 24.228, 24.264, 24.379, 24.491, and 24.499, Government
3-17 Code, are repealed.
3-18 (b) A judicial district created by a section of the
3-19 Government Code that is repealed by Subsection (a) of this section
3-20 is abolished January 1, 1997.
3-21 SECTION 7. (a) The judicial offices created by Section 3 of
3-22 this Act exist for purposes of the primary and general elections
3-23 for state and county officers in 1994.
3-24 (b) Not later than December 15, 1994, the judge of a
3-25 district court that is abolished by Section 5 of this Act shall
3-26 transfer all cases pending in the court to another district court
3-27 in the county. The court to which the cases are transferred may
4-1 not be a court that is abolished by Section 5 of this Act.
4-2 (c) The judicial offices created by Section 4 of this Act
4-3 exist for purposes of the primary and general elections for state
4-4 and county officers in 1996.
4-5 (d) Not later than December 15, 1996, the judge of a
4-6 district court that is abolished by Section 6 of this Act shall
4-7 transfer all cases pending in the court to the district court in
4-8 the county that is created by Section 3 of this Act.
4-9 (e) When a case is transferred from one court to another as
4-10 provided by Subsection (b) or (d) of this section, all processes,
4-11 writs, bonds, recognizances, or other obligations issued from the
4-12 transferring court are returnable to the court to which the case is
4-13 transferred as if originally issued by that court. The obligees in
4-14 all bonds and recognizances taken in and for a court from which a
4-15 case is transferred, and all witnesses summoned to appear in a
4-16 court from which a case is transferred, are required to appear
4-17 before the court to which a case is transferred as if originally
4-18 required to appear before the court to which the transfer is made.
4-19 SECTION 8. (a) Sections 3, 4, 5(a), and 6(a) of this Act
4-20 take effect as provided by those sections.
4-21 (b) Sections 1, 2, 5(b), 6(b), and 7 of this Act take effect
4-22 September 1, 1993.
4-23 SECTION 9. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.