By: Henderson S.B. No. 861
73R3920 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, operation, and organization of certain
1-3 courts in this state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 24, Government Code, is
1-6 amended by adding Sections 24.523, 24.524, 24.525, 24.526, and
1-7 24.527 to read as follows:
1-8 Sec. 24.523. 378TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
1-9 The 378th Judicial District is composed of Bexar County.
1-10 (b) The 378th Judicial District shall give preference to
1-11 juvenile matters.
1-12 Sec. 24.524. 379TH JUDICIAL DISTRICT (FORT BEND COUNTY).
1-13 The 379th Judicial District is composed of Fort Bend County.
1-14 Sec. 24.525. 380TH JUDICIAL DISTRICT (HARRIS COUNTY). (a)
1-15 The 380th Judicial District is composed of Harris County.
1-16 (b) The 380th District Court shall give preference to
1-17 juvenile matters.
1-18 Sec. 24.526. 381ST JUDICIAL DISTRICT (NACOGDOCHES COUNTY).
1-19 The 381st Judicial District is composed of Nacogdoches County.
1-20 Sec. 24.527. 382ND JUDICIAL DISTRICT (TRAVIS COUNTY). The
1-21 382nd Judicial District is composed of Travis County.
1-22 SECTION 2. Effective September 1, 1993, Section 22.214,
1-23 Government Code, is amended by amending Subsection (c) and adding
1-24 Subsection (d) to read as follows:
2-1 (c) The court may transact its business at the county seat
2-2 of any county in the district as the court determines is necessary
2-3 and convenient, except that:
2-4 (1) all cases originating in Nueces County shall be
2-5 heard and transacted in that county; and
2-6 (2) all cases originating in Cameron, Hidalgo, or
2-7 Willacy County shall be heard and transacted in <Cameron or>
2-8 Hidalgo County.
2-9 (d) Notwithstanding Subsections (a) and (b), two justices of
2-10 the court shall be assigned to perform all duties of office in the
2-11 City of Edinburg. The chief justice shall give preference to
2-12 assignment under this subsection to a justice who resides in
2-13 Cameron, Hidalgo, or Willacy County. The City of Edinburg and
2-14 Hidalgo County shall furnish and equip suitable rooms and a library
2-15 for the court and the justices without expense to the state. The
2-16 chief justice shall assign the personnel necessary to assist the
2-17 justices assigned under this subsection. This subsection expires
2-18 January 1, 1995.
2-19 SECTION 3. Effective January 1, 1995, Section 22.214(c),
2-20 Government Code, is amended to read as follows:
2-21 (c) The court may transact its business at the county seat
2-22 of any county in the district as the court determines is necessary
2-23 and convenient, except that<:>
2-24 <(1)> all cases originating in Nueces County shall be
2-25 heard and transacted in that county<; and>
2-26 <(2) all cases originating in Cameron, Hidalgo, or
2-27 Willacy County shall be heard and transacted in Cameron or Hidalgo
3-1 County>.
3-2 SECTION 4. Effective January 1, 1995, Section 22.201(a),
3-3 Government Code, is amended to read as follows:
3-4 (a) The state is divided into 15 <14> courts of appeals
3-5 districts with a court of appeals in each district.
3-6 SECTION 5. Effective January 1, 1995, Section 22.201(n),
3-7 Government Code, is amended to read as follows:
3-8 (n) The Thirteenth Court of Appeals District is composed of
3-9 the counties of Aransas, Bee, Calhoun, <Cameron,> DeWitt, Goliad,
3-10 Gonzales, <Hidalgo,> Jackson, Kenedy, Kleberg, Lavaca, Live Oak,
3-11 Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton<,
3-12 and Willacy>.
3-13 SECTION 6. Effective January 1, 1995, Section 22.201,
3-14 Government Code, is amended by adding Subsection (p) to read as
3-15 follows:
3-16 (p) The Fifteenth Court of Appeals District is composed of
3-17 the counties of Cameron, Hidalgo, and Willacy.
3-18 SECTION 7. Effective January 1, 1995, Subchapter C, Chapter
3-19 22, Government Code, is amended by adding Section 22.2151 to read
3-20 as follows:
3-21 Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
3-22 Appeals for the Fifteenth Court of Appeals District shall be held
3-23 in the City of Edinburg.
3-24 (b) The City of Edinburg and Hidalgo County shall furnish
3-25 and equip suitable rooms and a library for the court and the
3-26 justices without expense to the state.
3-27 SECTION 8. Effective January 1, 1995, Section 22.216,
4-1 Government Code, is amended by amending Subsection (m) and adding
4-2 Subsection (o) to read as follows:
4-3 (m) The Court of Appeals for the Thirteenth Court of Appeals
4-4 District consists of a chief justice and two <five> justices.
4-5 (o) The Court of Appeals for the Fifteenth Court of Appeals
4-6 District consists of a chief justice and two justices.
4-7 SECTION 9. Effective January 1, 1995, Section 31.001,
4-8 Government Code, is amended to read as follows:
4-9 Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
4-10 The commissioners courts in the counties of each of the <14> courts
4-11 of appeals districts may pay an amount not to exceed $15,000 a year
4-12 to each of the justices of the courts of appeals residing within
4-13 the court of appeals district that includes those counties. The
4-14 payment is for all judicial and administrative services performed
4-15 by the justices.
4-16 SECTION 10. This Act does not affect the jurisdiction on
4-17 appeal of any case from a county that is transferred by Section 5
4-18 or 6 of this Act to a different court of appeals district if the
4-19 transcripts for the case were filed before the effective date of
4-20 this Act in the appropriate court of appeals district.
4-21 SECTION 11. The initial vacancies in the offices of justice
4-22 and chief justice of the Fifteenth Court of Appeals District on
4-23 creation of the offices shall be filled by election. The offices
4-24 of justice and chief justice of the Fifteenth Court of Appeals
4-25 District exist for purposes of the primary and general elections in
4-26 1994. The qualified voters of Cameron, Hidalgo, and Willacy
4-27 counties shall elect the justices and chief justice of the
5-1 Fifteenth Court of Appeals District at the general election in 1994
5-2 for six-year terms beginning January 1, 1995. A vacancy after the
5-3 initial vacancy is filled as provided by Article IV, Section 12, of
5-4 the Texas Constitution.
5-5 SECTION 12. The three offices of justice of the Thirteenth
5-6 Court of Appeals District abolished by the amendment to Section
5-7 22.216(m), Government Code, by this Act are those offices for which
5-8 terms expire December 31, 1994.
5-9 SECTION 13. The cost of transferring necessary personnel and
5-10 equipment of the Thirteenth Court of Appeals to Edinburg, as
5-11 provided by Section 22.214(d), Government Code, as added by this
5-12 Act, shall be paid out of funds appropriated for the operation of
5-13 the 13th Court of Appeals for the biennium ending August 31, 1995.
5-14 If no additional appropriation is authorized for that transfer, the
5-15 cost of transferring necessary equipment and personnel of the
5-16 Thirteenth Court of Appeals to Edinburg shall be paid by Cameron,
5-17 Hidalgo, and Willacy counties, with each county's share based on
5-18 the proportion its population bears to the total population of the
5-19 three counties, according to the 1990 federal census, provided that
5-20 the amount paid by the counties under this section for the fiscal
5-21 year ending August 31, 1994, may not exceed $24,600, and the amount
5-22 paid by the counties under this section for the fiscal year ending
5-23 August 31, 1995, may not exceed $17,000.
5-24 SECTION 14. (a) Sections 2, 3, 4, 5, 6, 7, 8, and 9 of this
5-25 Act take effect as provided by those sections.
5-26 (b) Sections 1, 10, 11, 12, and 13 of this Act take effect
5-27 September 1, 1993.
6-1 (c) The 378th, 379th, 380th, 381st, and 382nd judicial
6-2 districts are created September 1, 1993.
6-3 (d) This section takes effect August 31, 1993.
6-4 SECTION 15. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.