By: Henderson S.B. No. 861
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, operation, and organization of certain
1-2 courts in this state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.214, Government Code, is amended by
1-5 amending Subsection (c) and adding Subsection (d) to read as
1-6 follows:
1-7 (c) The court may transact its business at the county seat
1-8 of any county in the district as the court determines is necessary
1-9 and convenient, except that:
1-10 (1) all cases originating in Nueces County shall be
1-11 heard and transacted in Nueces County <that county>; <and>
1-12 (2) all cases originating in <Cameron,> Hidalgo<, or
1-13 Willacy> County shall be heard and transacted in <Cameron or>
1-14 Hidalgo County; and
1-15 (3) all cases originating in Cameron or Willacy County
1-16 shall be heard and transacted in Cameron or Hidalgo County.
1-17 (d) Notwithstanding Subsections (a) and (b), the City of
1-18 Edinburg shall be designated as the permanent post of duty of at
1-19 least two but not more than three justices of the court. The chief
1-20 justice shall assign at least two but not more than three justices
1-21 of the court to the permanent post of duty in the City of Edinburg
1-22 and shall give preference to assignment under this subsection to
1-23 the justices who reside in Cameron, Hidalgo, or Willacy County.
1-24 The City of Edinburg and Hidalgo County shall furnish and equip
2-1 suitable rooms and a library for the court and the justices without
2-2 expense to the state. The chief justice shall assign the equipment
2-3 and personnel necessary to assist the justices assigned under this
2-4 subsection. The personnel assigned to assist the justices under
2-5 this subsection shall perform their duties in the City of Edinburg.
2-6 SECTION 2. Subchapter C, Chapter 24, Government Code, is
2-7 amended by adding Sections 24.523, 24.524, 24.526, 24.527, 24.530,
2-8 24.533, 24.539, 24.545, 24.547, 24.548, 24.549, 24.550, and 24.551
2-9 to read as follows:
2-10 Sec. 24.523. 378TH JUDICIAL DISTRICT (BEXAR COUNTY).
2-11 (a) The 378th Judicial District is composed of Bexar County.
2-12 (b) The 378th Judicial District shall give preference to
2-13 juvenile matters.
2-14 Sec. 24.524. 379TH JUDICIAL DISTRICT (FORT BEND COUNTY).
2-15 The 379th Judicial District is composed of Fort Bend County.
2-16 Sec. 24.526. 381ST JUDICIAL DISTRICT (NACOGDOCHES COUNTY).
2-17 The 381st Judicial District is composed of Nacogdoches County.
2-18 Sec. 24.527. 382ND JUDICIAL DISTRICT (TRAVIS COUNTY). The
2-19 382nd Judicial District is composed of Travis County.
2-20 Sec. 24.530. 385TH JUDICIAL DISTRICT (MIDLAND COUNTY). The
2-21 385th Judicial District is composed of Midland County.
2-22 Sec. 24.533. 388TH JUDICIAL DISTRICT (STARR, JIM HOGG, AND
2-23 DUVAL COUNTIES). The 388th Judicial District is composed of Starr,
2-24 Jim Hogg, and Duval counties.
2-25 Sec. 24.539. 394TH JUDICIAL DISTRICT (HENDERSON COUNTY).
2-26 The 394th Judicial District is composed of Henderson County.
2-27 Sec. 24.545. 400TH JUDICIAL DISTRICT (HOUSTON AND LEON
3-1 COUNTIES). (a) The 400th Judicial District is composed of Houston
3-2 and Leon counties.
3-3 (b) The 400th District Court has concurrent jurisdiction in
3-4 Houston County with the county court in all misdemeanor and probate
3-5 cases over which the county court has jurisdiction under the
3-6 constitution and law of this state. Cases in the concurrent
3-7 jurisdiction of the 400th District Court and the county court may
3-8 be filed in either court and may be transferred between the courts.
3-9 A case may not be transferred from one court to another without the
3-10 consent of the judge of the court to which it is transferred, and a
3-11 case may not be transferred unless it is within the jurisdiction of
3-12 the court to which it is transferred.
3-13 (c) The county clerk serves as clerk of the 400th District
3-14 Court in misdemeanor and probate cases, and the district clerk
3-15 serves as clerk in all other cases.
3-16 Sec. 24.547. 402ND JUDICIAL DISTRICT (HUNT COUNTY). The
3-17 402nd Judicial District is composed of Hunt County.
3-18 Sec. 24.548. 403RD JUDICIAL DISTRICT (BEXAR COUNTY).
3-19 (a) The 403rd Judicial District is composed of Bexar County.
3-20 (b) The 403rd Judicial District shall give preference to
3-21 criminal matters.
3-22 Sec. 24.549. 404TH JUDICIAL DISTRICT (BEXAR COUNTY).
3-23 (a) The 404th Judicial District is composed of Bexar County.
3-24 (b) The 404th Judicial District shall give preference to
3-25 civil matters.
3-26 Sec. 24.550. 405TH JUDICIAL DISTRICT (HARRIS COUNTY).
3-27 (a) The 405th Judicial District is composed of Harris County.
4-1 (b) The 405th Judicial District shall give preference to
4-2 civil matters.
4-3 Sec. 24.551. 406TH JUDICIAL DISTRICT (GRIMES AND WALLER
4-4 COUNTIES). The 406th Judicial District is composed of Grimes and
4-5 Waller counties.
4-6 SECTION 3. Effective September 1, 1993, Subchapter C,
4-7 Chapter 24, Government Code, is amended by adding Section 24.552 to
4-8 read as follows:
4-9 Sec. 24.552. 407TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND
4-10 TRINITY COUNTIES). The 407th Judicial District is composed of
4-11 Polk, San Jacinto, and Trinity counties.
4-12 SECTION 4. Effective January 1, 1995, Subchapter C, Chapter
4-13 24, Government Code, is amended by adding Section 24.553 to read as
4-14 follows:
4-15 Sec. 24.553. 408TH JUDICIAL DISTRICT (ELLIS COUNTY). The
4-16 408th Judicial District is composed of Ellis County.
4-17 SECTION 5. Effective September 1, 1993, Section 24.109,
4-18 Government Code, is amended to read as follows:
4-19 Sec. 24.109. 9th Judicial District (Montgomery County<,
4-20 Polk, San Jacinto, and Waller Counties>). (a) The 9th Judicial
4-21 District is composed of Montgomery County<, Polk, San Jacinto, and
4-22 Waller counties>.
4-23 (b) <In Polk County, the 9th Judicial District has
4-24 concurrent jurisdiction with the county court in all misdemeanor
4-25 cases in which the county court has jurisdiction. Misdemeanor
4-26 cases may be filed in either the district or county court and may
4-27 be transferred from one court to another. A misdemeanor case in
5-1 which the courts have concurrent jurisdiction may not be
5-2 transferred from one court to another without the consent of the
5-3 judge of the court to which it is transferred.>
5-4 <(c) The 9th and 155th district courts have concurrent
5-5 jurisdiction in Waller County.>
5-6 <(d)> The terms of the 9th District Court begin<:>
5-7 <(1) in Montgomery County> on the 16th Monday after
5-8 the first Monday in January and the 18th Monday after the first
5-9 Monday in July<;>
5-10 <(2) in Polk County on the first Monday in January and
5-11 the third Monday in July;>
5-12 <(3) in San Jacinto County on the seventh Monday after
5-13 the first Monday in January and the ninth Monday after the first
5-14 Monday in July; and>
5-15 <(4) in Waller County on the 10th Monday after the
5-16 first Monday in January and the 12th Monday after the first Monday
5-17 in July>.
5-18 SECTION 6. Effective September 1, 1993, Section 24.110,
5-19 Government Code, is amended to read as follows:
5-20 Sec. 24.110. Second 9th Judicial District (Montgomery
5-21 County<, Polk, San Jacinto, and Trinity Counties>). (a) The
5-22 Second 9th Judicial District is composed of Montgomery County<,
5-23 Polk, San Jacinto, and Trinity counties>.
5-24 (b) <In Polk County, the Second 9th Judicial District has
5-25 concurrent jurisdiction with the county court in all misdemeanor
5-26 cases in which the county court has jurisdiction. Misdemeanor
5-27 cases may be filed in either the district or county court and may
6-1 be transferred from one court to another. A misdemeanor case in
6-2 which the courts have jurisdiction may not be transferred from one
6-3 court to another without the consent of the judge of the court to
6-4 which it is transferred.>
6-5 <(c)> The terms of the Second 9th District Court begin<:>
6-6 <(1) in Montgomery County> on the third Monday in
6-7 January, the eighth Monday after the first Monday in January, the
6-8 third Monday in July, and the 10th Monday after the first Monday in
6-9 July<;>
6-10 <(2) in Polk County on the 18th Monday after the first
6-11 Monday in January and the 20th Monday after the first Monday in
6-12 July;>
6-13 <(3) in San Jacinto County on the 16th Monday after
6-14 the first Monday in January and the 18th Monday after the first
6-15 Monday in July; and>
6-16 <(4) in Trinity County on the first Monday in January
6-17 and the 23rd Monday after the first Monday in January>.
6-18 SECTION 7. Effective September 1, 1993, Section 24.113,
6-19 Government Code, is amended to read as follows:
6-20 Sec. 24.113. 12th Judicial District (<Grimes, Leon,>
6-21 Madison<,> and Walker Counties). (a) The 12th Judicial District
6-22 is composed of <Grimes, Leon,> Madison<,> and Walker counties.
6-23 (b) The terms of the 12th District Court in each county of
6-24 the district begin on the first Mondays in January and July.
6-25 SECTION 8. Effective September 1, 1993, Section 24.254,
6-26 Government Code, is amended to read as follows:
6-27 Sec. 24.254. 155TH JUDICIAL DISTRICT (AUSTIN AND<,>
7-1 FAYETTE<, AND WALLER> COUNTIES). (a) The 155th Judicial District
7-2 is composed of Austin and<,> Fayette<, and Waller> counties.
7-3 (b) The terms of the 155th District Court begin:
7-4 (1) in Austin County on the first Mondays in April and
7-5 November; and
7-6 (2) in Fayette County on the first Mondays in February
7-7 and September<; and>
7-8 <(3) in Waller County on the first Mondays in January
7-9 and June>.
7-10 (c) The sheriff of each county or the sheriff's deputy shall
7-11 attend the court as required by law or by the judge.
7-12 <(d) Section 24.109, relating to the 9th District Court,
7-13 contains provisions applicable to both that court and the 155th
7-14 District Court.>
7-15 SECTION 9. Effective September 1, 1993, Section 24.455,
7-16 Government Code, is amended to read as follows:
7-17 Sec. 24.455. 278th Judicial District (<GRIMES, LEON,>
7-18 MADISON<,> AND WALKER COUNTIES). The 278th Judicial District is
7-19 composed of <Grimes, Leon,> Madison<,> and Walker counties.
7-20 SECTION 10. Sections 25.1151 and 25.1152, Government Code,
7-21 are repealed.
7-22 SECTION 11. Effective September 1, 1993, Section 43.105,
7-23 Government Code, is amended to read as follows:
7-24 Sec. 43.105. 9th Judicial District. (a) The voters of
7-25 Montgomery County <and Waller counties> elect a district attorney
7-26 for the 9th Judicial District who represents the state in that
7-27 district court only in that county <those counties>. The district
8-1 attorney also acts as district attorney for the Second 9th Judicial
8-2 District in Montgomery County.
8-3 (b) The district attorney, with the approval of the
8-4 commissioners court <of one or more of the counties comprising the
8-5 district>, may appoint the assistant district attorneys,
8-6 investigators, secretaries, and other employees necessary to carry
8-7 out the duties of the office of district attorney.
8-8 (c) An investigator appointed by the district attorney is
8-9 not required to be a licensed attorney.
8-10 (d) The salary of each employee of the district attorney is
8-11 fixed by the commissioners court <courts of the counties comprising
8-12 the district>. The district attorney, assistant district
8-13 attorneys, and investigators employed by the district attorney may
8-14 be allowed the actual and necessary travel expenses incident to
8-15 carrying out the duties of the district attorney, subject to the
8-16 approval of the district attorney. This subsection does not apply
8-17 to the portion of compensation or travel expenses paid by the state
8-18 to the district attorney or his employees.
8-19 (e) <The salaries and expenses paid by the counties
8-20 comprising the district shall be paid in proportion to the
8-21 population of each county, except as otherwise provided by
8-22 Subsection (f).>
8-23 <(f) The district attorney may assign employees to a
8-24 specific county or to specific counties of the district. The
8-25 commissioners court of a county to which an employee is assigned
8-26 may, in its discretion, pay a greater share of the salary or
8-27 expenses of the employee than the proportionate share provided by
9-1 Subsection (e). To the extent that a commissioners court pays a
9-2 greater share of an employee's salary or expenses than that
9-3 provided by Subsection (e), the counties to which the employee is
9-4 not assigned are relieved of their proportionate share of the
9-5 salary or expenses.>
9-6 <(g)> The salary and expenses of the employees of the
9-7 district attorney must be paid by the <each> county at the regular
9-8 pay period of the county from the officers' salary fund of the
9-9 county, the general fund of the county, or both, at the discretion
9-10 of the commissioners court.
9-11 (f) <(h)> The compensation paid by a county to an employee
9-12 of the district attorney or set for a position on the staff of the
9-13 district attorney may not be less than the compensation paid by the
9-14 county to the person or set for the position on June 14, 1973.
9-15 (g) <(i)> The commissioners court <of a county in the
9-16 district> may accept gifts and grants from an individual,
9-17 partnership, corporation, trust, foundation, association, or
9-18 political subdivision to finance adequate and effective
9-19 prosecution, crime prevention, or rehabilitation programs in the
9-20 county or district approved and administered by the district
9-21 attorney.
9-22 SECTION 12. Effective September 1, 1993, Section 43.106,
9-23 Government Code, is amended to read as follows:
9-24 Sec. 43.106. GRIMES, MADISON, AND LEON COUNTIES <12TH
9-25 JUDICIAL> DISTRICT ATTORNEY. (a) The voters of Grimes, Madison,
9-26 and Leon counties elect a district attorney for those counties <the
9-27 12th Judicial District> who represents the state in the <that>
10-1 district courts <court only> in those counties.
10-2 (b) <The district attorney of the 12th Judicial District
10-3 also represents the state in all criminal and civil actions in
10-4 which the state is interested that arise in the 87th Judicial
10-5 District in Leon County.>
10-6 <(c)> The district attorney may, with the consent of the
10-7 commissioners courts of the counties <comprising the district>,
10-8 appoint a deputy district attorney.
10-9 (c) <(d)> The commissioners courts of the counties
10-10 <comprising the 12th Judicial District> shall pay the salary and
10-11 traveling expenses of the deputy district attorney from the
10-12 officers' salary funds of the counties proportionately according to
10-13 the population of each of the counties. The salary shall be paid
10-14 in equal monthly installments and expense claims shall be paid at
10-15 the end of each month. The salary is subject to participation
10-16 fully in the Texas County and District Retirement System.
10-17 SECTION 13. Effective September 1, 1993, Section 43.171,
10-18 Government Code, is amended to read as follows:
10-19 Sec. 43.171. 258th Judicial District. <(a)> The voters of
10-20 Trinity County elect a district attorney for the 258th Judicial
10-21 District who represents the state in that district court only in
10-22 that county.
10-23 <(b) The district attorney of the 258th Judicial District
10-24 also acts as district attorney for the Second 9th Judicial District
10-25 in Trinity County.>
10-26 SECTION 14. Effective September 1, 1993, Subsection (a),
10-27 Section 44.287, Government Code, is amended to read as follows:
11-1 (a) The criminal district attorney shall attend each term
11-2 and session of the <9th, second 9th, and> 258th District Court in
11-3 <district courts of> Polk County and each term and session of the
11-4 inferior courts held for the transaction of criminal business and
11-5 shall exclusively represent the state in all criminal matters
11-6 before those courts.
11-7 SECTION 15. Effective September 1, 1993, Subsection (a),
11-8 Section 44.304, Government Code, is amended to read as follows:
11-9 (a) The criminal district attorney shall attend each term
11-10 and session of the <9th, Second 9th, and> 258th District Court in
11-11 <district courts of> San Jacinto County and each term and session
11-12 of the inferior courts held for the transaction of criminal
11-13 business and shall exclusively represent the state in all criminal
11-14 matters before those courts.
11-15 SECTION 16. Subchapter B, Chapter 45, Government Code, is
11-16 amended by adding Section 45.213 to read as follows:
11-17 Sec. 45.213. HOUSTON COUNTY. The county attorney shall
11-18 represent the state in all misdemeanor cases before the district
11-19 court in Houston County.
11-20 SECTION 17. Effective September 1, 1993, Section 46.002,
11-21 Government Code, is amended to read as follows:
11-22 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
11-23 applies only to the following prosecutors:
11-24 (1) the district attorneys for the 2nd, 8th, 9th,
11-25 <12th,> 21st, 22nd, 26th, 27th, 29th, 34th, 36th, 38th, 43rd, 47th,
11-26 49th, 51st, 52nd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd,
11-27 84th, 85th, 90th, 97th, 105th, 106th, 110th, 118th, 119th, 123rd,
12-1 142nd, 145th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th,
12-2 253rd, 266th, 268th, 271st, 286th, 349th, and 355th judicial
12-3 districts;
12-4 (2) the criminal district attorneys for the counties
12-5 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
12-6 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
12-7 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
12-8 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
12-9 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
12-10 Wichita, Wood, and Yoakum; <and>
12-11 (3) the county attorneys performing the duties of
12-12 district attorneys in the counties of Andrews, Callahan, Cameron,
12-13 Castro, Ellis, Falls, Fannin, Fayette, Freestone, Grayson, Lamar,
12-14 Lamb, Lampasas, Limestone, Marion, Milam, Morris, Ochiltree,
12-15 Orange, Red River, Robertson, Rusk, Terry, and Willacy; and
12-16 (4) the Grimes, Leon, and Madison counties district
12-17 attorney.
12-18 SECTION 18. Subsection (a), Section 152.1191, Human
12-19 Resources Code, is amended to read as follows:
12-20 (a) The juvenile board of Houston County is composed of the
12-21 county judge, the district judges in Houston County, and the county
12-22 attorney<, and each county court at law judge>.
12-23 SECTION 19. Effective September 1, 1993, Subsection (a),
12-24 Section 152.1511, Human Resources Code, is amended to read as
12-25 follows:
12-26 (a) The juvenile board of Leon County is composed of the
12-27 county judge and the judges of the district courts in Leon County
13-1 <12th and 278th Judicial Districts>.
13-2 SECTION 20. The cost of transferring necessary personnel and
13-3 equipment of the Thirteenth Court of Appeals to the City of
13-4 Edinburg, as provided by Subsection (d), Section 22.214, Government
13-5 Code, as added by this Act, shall be paid out of funds appropriated
13-6 for the operation of the Thirteenth Court of Appeals for the
13-7 biennium ending August 31, 1995. If no additional appropriation is
13-8 authorized for that transfer, the cost of transferring necessary
13-9 equipment and personnel of the Thirteenth Court of Appeals to the
13-10 City of Edinburg shall be paid by Cameron, Hidalgo, and Willacy
13-11 counties, with each county's share based on the proportion its
13-12 population bears to the total population of the three counties,
13-13 according to the 1990 federal census, provided that the amount paid
13-14 by the counties under this section for the fiscal year ending
13-15 August 31, 1994, may not exceed $24,600, and the amount paid by the
13-16 counties under this section for the fiscal year ending August 31,
13-17 1995, may not exceed $17,000.
13-18 SECTION 21. (a) The local administrative district judge
13-19 shall transfer all cases pending in the County Court at Law of
13-20 Houston County on the effective date of this Act to a district
13-21 court in the county or the county court, as appropriate.
13-22 (b) When a case is transferred from one court to another as
13-23 provided by Subsection (a) of this section, all processes, writs,
13-24 bonds, recognizances, or other obligations issued from the
13-25 transferring court are returnable to the court to which the case is
13-26 transferred, as if originally issued by that court. The obligees
13-27 in all bonds and recognizances taken in and for a court from which
14-1 a case is transferred and all witnesses summoned to appear in a
14-2 court from which a case is transferred are required to appear
14-3 before the court to which a case is transferred as if originally
14-4 required to appear before the court to which the transfer is made.
14-5 SECTION 22. (a) Except as provided by Subsections (b) and
14-6 (c) of this section and Section 4 of this Act, this Act takes
14-7 effect and the 378th, 381st, 382nd, 388th, 394th, 400th, 402nd,
14-8 403rd, 404th, 405th, 406th, and 407th judicial districts are
14-9 created September 1, 1993.
14-10 (b) Section 24.530, Government Code, as added by Section 2
14-11 of this Act, takes effect and the 385th Judicial District is
14-12 created January 1, 1995.
14-13 (c) Section 24.524, Government Code, as added by Section 2
14-14 of this Act, takes effect and the 379th Judicial District is
14-15 created January 1, 1995. The initial vacancy in the office of
14-16 judge of the 379th District Court shall be filled by election. The
14-17 office exists for purposes of the primary and general elections in
14-18 1994. A vacancy after the initial vacancy is filled as provided by
14-19 Article V, Section 28, of the Texas Constitution.
14-20 SECTION 23. (a) The 408th Judicial District is created on
14-21 January 1, 1995.
14-22 (b) The initial vacancy in the office of judge of the 408th
14-23 District Court shall be filled by election. The office exists for
14-24 purposes of the primary and general elections in 1994. A vacancy
14-25 after the initial vacancy is filled as provided by Article V,
14-26 Section 28, of the Texas Constitution.
14-27 (c) This section takes effect September 1, 1993.
15-1 SECTION 24. (a) The person serving as district attorney for
15-2 the 12th Judicial District on September 1, 1993, unless otherwise
15-3 removed from office, continues to serve in that office as
15-4 redesignated as the Grimes, Leon, and Madison counties district
15-5 attorney for the term to which elected or appointed.
15-6 (b) This section takes effect September 1, 1993.
15-7 SECTION 25. The importance of this legislation and the
15-8 crowded condition of the calendars in both houses create an
15-9 emergency and an imperative public necessity that the
15-10 constitutional rule requiring bills to be read on three several
15-11 days in each house be suspended, and this rule is hereby suspended.