By: Rudd H.B. No. 1317
73R5367 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election between a juvenile court the judge of
1-3 which is not an attorney and an alternate juvenile court.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.18, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 51.18. ELECTION BETWEEN JUVENILE COURT AND <POWERS AND
1-8 DUTIES OF> ALTERNATE JUVENILE COURT. (a) This section applies
1-9 only to a child who has a right to a trial before a juvenile court
1-10 the judge of which is not an attorney licensed in this state.
1-11 (b) On any matter that may lead to an order appealable under
1-12 Section 56.01 of this code, a child may be tried before either the
1-13 juvenile court or the alternate juvenile court.
1-14 (c) The child may elect to be tried before the alternate
1-15 juvenile court only if the child files a written notice with that
1-16 court not later than 10 days before the date of the trial. After
1-17 the notice is filed, the child may be tried only in the alternate
1-18 juvenile court. If the child does not file a notice as provided by
1-19 this subsection, the child may be tried only in the juvenile court.
1-20 (d) If the child is tried before the juvenile court, the
1-21 child is not entitled to a trial de novo before the alternate
1-22 juvenile court.
1-23 (e) The child may appeal any order of the juvenile court or
1-24 alternate juvenile court only as provided by Section 56.01 of this
2-1 code. <If a juvenile court, the judge of which is not an attorney
2-2 licensed in this state, issues an order that may be appealed as
2-3 provided in Subsection (c) of Section 56.01 of this code, the child
2-4 shall have a right to a trial de novo before the alternate juvenile
2-5 court or may appeal the order of the court as provided in Section
2-6 56.01.>
2-7 SECTION 2. Section 51.04(d), Family Code, is amended to read
2-8 as follows:
2-9 (d) If the judge of a court designated in Subsection (b) or
2-10 (c) of this section is not an attorney licensed in this state,
2-11 there shall also be designated an alternate court, the judge of
2-12 which is an attorney licensed in this state. <The alternate
2-13 juvenile court shall rule on motions and hold hearings as provided
2-14 in Section 51.18 of this chapter.>
2-15 SECTION 3. Section 23.001, Government Code, is amended to
2-16 read as follows:
2-17 Sec. 23.001. Juvenile Jurisdiction. <(a)> Each district
2-18 court, county court, and statutory county court exercising any of
2-19 the constitutional jurisdiction of either a county court or a
2-20 district court has jurisdiction over juvenile matters and may be
2-21 designated a juvenile court.
2-22 <(b) Action taken by a juvenile judge who is not licensed to
2-23 practice law in this state is subject to a trial de novo and appeal
2-24 as provided by Sections 51.04, 51.18, and 56.01 of the Family
2-25 Code.>
2-26 SECTION 4. This Act applies only to a trial that began on or
2-27 after the effective date of this Act. A trial that began before
3-1 the effective date of this Act is governed by the law in effect at
3-2 the time the trial began and that law is continued in effect for
3-3 that purpose.
3-4 SECTION 5. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.