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.