1-1 By: Henderson S.B. No. 861
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Jurisprudence; May 6, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 4, Nays 0; May 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE SUBSTITUTE FOR S.B. No. 861 By: Henderson
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to the creation, operation, and organization of certain
1-19 courts in this state.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Subchapter C, Chapter 24, Government Code, is
1-22 amended by adding Sections 24.523, 24.524, 24.526, 24.527, 24.530,
1-23 24.533, 24.539, 24.545, 24.547, 24.548, 24.549, 24.550, and 24.551
1-24 to read as follows:
1-25 Sec. 24.523. 378TH JUDICIAL DISTRICT (BEXAR COUNTY).
1-26 (a) The 378th Judicial District is composed of Bexar County.
1-27 (b) The 378th Judicial District shall give preference to
1-28 juvenile matters.
1-29 Sec. 24.524. 379TH JUDICIAL DISTRICT (FORT BEND COUNTY).
1-30 The 379th Judicial District is composed of Fort Bend County.
1-31 Sec. 24.526. 381ST JUDICIAL DISTRICT (NACOGDOCHES COUNTY).
1-32 The 381st Judicial District is composed of Nacogdoches County.
1-33 Sec. 24.527. 382ND JUDICIAL DISTRICT (TRAVIS COUNTY). The
1-34 382nd Judicial District is composed of Travis County.
1-35 Sec. 24.530. 385TH JUDICIAL DISTRICT (MIDLAND COUNTY). The
1-36 385th Judicial District is composed of Midland County.
1-37 Sec. 24.533. 388TH JUDICIAL DISTRICT (STARR, JIM HOGG AND
1-38 DUVAL COUNTIES). The 388th Judicial District is composed of Starr,
1-39 Jim Hogg, and Duval counties.
1-40 Sec. 24.539. 394TH JUDICIAL DISTRICT (HENDERSON COUNTY).
1-41 The 394th Judicial District is composed of Henderson County.
1-42 Sec. 24.545. 400TH JUDICIAL DISTRICT (HOUSTON AND LEON
1-43 COUNTIES). (a) The 400th Judicial District is composed of Houston
1-44 and Leon counties.
1-45 (b) The 400th District Court has concurrent jurisdiction in
1-46 Houston County with the county court in all misdemeanor and probate
1-47 cases over which the county court has jurisdiction under the
1-48 constitution and law of this state. Cases in the concurrent
1-49 jurisdiction of the 400th District Court and the county court may
1-50 be filed in either court and may be transferred between the courts.
1-51 A case may not be transferred from one court to another without the
1-52 consent of the judge of the court to which it is transferred, and a
1-53 case may not be transferred unless it is within the jurisdiction of
1-54 the court to which it is transferred.
1-55 (c) The county clerk serves as clerk of the 400th District
1-56 Court in misdemeanor and probate cases, and the district clerk
1-57 serves as clerk in all other cases.
1-58 Sec. 24.547. 402ND JUDICIAL DISTRICT (HUNT COUNTY). The
1-59 402nd Judicial District is composed of Hunt County.
1-60 Sec. 24.548. 403RD JUDICIAL DISTRICT (BEXAR COUNTY).
1-61 (a) The 403rd Judicial District is composed of Bexar County.
1-62 (b) The 403rd Judicial District shall give preference to
1-63 criminal matters.
1-64 Sec. 24.549. 404TH JUDICIAL DISTRICT (BEXAR COUNTY).
1-65 (a) The 404th Judicial District is composed of Bexar County.
1-66 (b) The 404th Judicial District shall give preference to
1-67 civil matters.
1-68 Sec. 24.550. 405TH JUDICIAL DISTRICT (HARRIS COUNTY).
2-1 (a) The 405th Judicial District is composed of Harris County.
2-2 (b) The 405th Judicial District shall give preference to
2-3 civil matters.
2-4 Sec. 24.551. 406TH JUDICIAL DISTRICT (GRIMES AND WALLER
2-5 COUNTIES). The 406th Judicial District is composed of Grimes and
2-6 Waller counties.
2-7 SECTION 2. Effective September 1, 1993, Section 22.214,
2-8 Government Code, is amended by amending Subsection (c) and adding
2-9 Subsection (d) to read as follows:
2-10 (c) The court may transact its business at the county seat
2-11 of any county in the district as the court determines is necessary
2-12 and convenient, except that:
2-13 (1) all cases originating in Nueces County shall be
2-14 heard and transacted in that county; and
2-15 (2) all cases originating in Cameron, Hidalgo, or
2-16 Willacy County shall be heard and transacted in <Cameron or>
2-17 Hidalgo County.
2-18 (d) Notwithstanding Subsections (a) and (b), two justices of
2-19 the court shall be assigned to perform all duties of office in the
2-20 City of Edinburg. The chief justice shall give preference to
2-21 assignment under this subsection to a justice who resides in
2-22 Cameron, Hidalgo, or Willacy County. The City of Edinburg and
2-23 Hidalgo County shall furnish and equip suitable rooms and a library
2-24 for the court and the justices without expense to the state. The
2-25 chief justice shall assign the personnel necessary to assist the
2-26 justices assigned under this subsection. This subsection expires
2-27 January 1, 1995.
2-28 SECTION 3. Effective January 1, 1995, Subsection (c),
2-29 Section 22.214, Government Code, is amended to read as follows:
2-30 (c) The court may transact its business at the county seat
2-31 of any county in the district as the court determines is necessary
2-32 and convenient, except that<:>
2-33 <(1)> all cases originating in Nueces County shall be
2-34 heard and transacted in that county<; and>
2-35 <(2) all cases originating in Cameron, Hidalgo, or
2-36 Willacy County shall be heard and transacted in Cameron or Hidalgo
2-37 County>.
2-38 SECTION 4. Effective January 1, 1995, Subsection (a),
2-39 Section 22.201, Government Code, is amended to read as follows:
2-40 (a) The state is divided into 15 <14> courts of appeals
2-41 districts with a court of appeals in each district.
2-42 SECTION 5. Effective January 1, 1995, Subsection (n),
2-43 Section 22.201, Government Code, is amended to read as follows:
2-44 (n) The Thirteenth Court of Appeals District is composed of
2-45 the counties of Aransas, Bee, Calhoun, <Cameron,> DeWitt, Goliad,
2-46 Gonzales, <Hidalgo,> Jackson, Kenedy, Kleberg, Lavaca, Live Oak,
2-47 Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton<,
2-48 and Willacy>.
2-49 SECTION 6. Effective January 1, 1995, Section 22.201,
2-50 Government Code, is amended by adding Subsection (p) to read as
2-51 follows:
2-52 (p) The Fifteenth Court of Appeals District is composed of
2-53 the counties of Cameron, Hidalgo, and Willacy.
2-54 SECTION 7. Effective January 1, 1995, Subchapter C, Chapter
2-55 22, Government Code, is amended by adding Section 22.2151 to read
2-56 as follows:
2-57 Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
2-58 Appeals for the Fifteenth Court of Appeals District shall be held
2-59 in the City of Edinburg.
2-60 (b) The City of Edinburg and Hidalgo County shall furnish
2-61 and equip suitable rooms and a library for the court and the
2-62 justices without expense to the state.
2-63 SECTION 8. Effective January 1, 1995, Section 22.216,
2-64 Government Code, is amended by amending Subsection (m) and adding
2-65 Subsection (o) to read as follows:
2-66 (m) The Court of Appeals for the Thirteenth Court of Appeals
2-67 District consists of a chief justice and two <five> justices.
2-68 (o) The Court of Appeals for the Fifteenth Court of Appeals
2-69 District consists of a chief justice and two justices.
2-70 SECTION 9. Effective January 1, 1995, Section 31.001,
3-1 Government Code, is amended to read as follows:
3-2 Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
3-3 The commissioners courts in the counties of each of the <14> courts
3-4 of appeals districts may pay an amount not to exceed $15,000 a year
3-5 to each of the justices of the courts of appeals residing within
3-6 the court of appeals district that includes those counties. The
3-7 payment is for all judicial and administrative services performed
3-8 by the justices.
3-9 SECTION 10. Sections 25.1151 and 25.1152, Government Code,
3-10 are repealed.
3-11 SECTION 11. Subchapter B, Chapter 45, Government Code, is
3-12 amended by adding Section 45.213 to read as follows:
3-13 Sec. 45.213. HOUSTON COUNTY. The county attorney shall
3-14 represent the state in all misdemeanor cases before the district
3-15 court in Houston County.
3-16 SECTION 12. Subsection (a), Section 152.1191, Human
3-17 Resources Code, is amended to read as follows:
3-18 (a) The juvenile board of Houston County is composed of the
3-19 county judge, the district judges in Houston County, and the county
3-20 attorney<, and each county court at law judge>.
3-21 SECTION 13. This Act does not affect the jurisdiction on
3-22 appeal of any case from a county that is transferred by Section 5
3-23 or 6 of this Act to a different court of appeals district if the
3-24 transcripts for the case were filed before the effective date of
3-25 this Act in the appropriate court of appeals district.
3-26 SECTION 14. The initial vacancies in the offices of justice
3-27 and chief justice of the Fifteenth Court of Appeals District on
3-28 creation of the offices shall be filled by election. The offices
3-29 of justice and chief justice of the Fifteenth Court of Appeals
3-30 District exist for purposes of the primary and general elections in
3-31 1994. The qualified voters of Cameron, Hidalgo, and Willacy
3-32 counties shall elect the justices and chief justice of the
3-33 Fifteenth Court of Appeals District at the general election in 1994
3-34 for six-year terms beginning January 1, 1995. A vacancy after the
3-35 initial vacancy is filled as provided by Article IV, Section 12, of
3-36 the Texas Constitution.
3-37 SECTION 15. The three offices of justice of the Thirteenth
3-38 Court of Appeals District abolished by the amendment to Subsection
3-39 (m), Section 22.216, Government Code, by this Act are those offices
3-40 for which terms expire December 31, 1994.
3-41 SECTION 16. The cost of transferring necessary personnel and
3-42 equipment of the Thirteenth Court of Appeals to Edinburg, as
3-43 provided by Subsection (d), Section 22.214, Government Code, as
3-44 added by this Act, shall be paid out of funds appropriated for the
3-45 operation of the Thirteenth Court of Appeals for the biennium
3-46 ending August 31, 1995. If no additional appropriation is
3-47 authorized for that transfer, the cost of transferring necessary
3-48 equipment and personnel of the Thirteenth Court of Appeals to
3-49 Edinburg shall be paid by Cameron, Hidalgo, and Willacy counties,
3-50 with each county's share based on the proportion its population
3-51 bears to the total population of the three counties, according to
3-52 the 1990 federal census, provided that the amount paid by the
3-53 counties under this section for the fiscal year ending August 31,
3-54 1994, may not exceed $24,600, and the amount paid by the counties
3-55 under this section for the fiscal year ending August 31, 1995, may
3-56 not exceed $17,000.
3-57 SECTION 17. (a) The local administrative district judge
3-58 shall transfer all cases pending in the County Court at Law of
3-59 Houston County on the effective date of this Act to a district
3-60 court in the county or the county court, as appropriate.
3-61 (b) When a case is transferred from one court to another as
3-62 provided by Subsection (a) of this section, all processes, writs,
3-63 bonds, recognizances, or other obligations issued from the
3-64 transferring court are returnable to the court to which the case is
3-65 transferred, as if originally issued by that court. The obligees
3-66 in all bonds and recognizances taken in and for a court from which
3-67 a case is transferred and all witnesses summoned to appear in a
3-68 court from which a case is transferred are required to appear
3-69 before the court to which a case is transferred as if originally
3-70 required to appear before the court to which the transfer is made.
4-1 SECTION 18. (a) Sections 2, 3, 4, 5, 6, 7, 8, and 9 of this
4-2 Act take effect as provided by those sections.
4-3 (b) Except as provided by Subsection (e) of this section,
4-4 Sections 1, 10, 11, 12, 13, 14, 15, 16, and 17 of this Act take
4-5 effect September 1, 1993.
4-6 (c) The 378th, 379th, 381st, 382nd, 388th, 394th, 400th,
4-7 402nd, 403rd, 404th, 405th, and 406th judicial districts are
4-8 created September 1, 1993.
4-9 (d) This section takes effect August 31, 1993.
4-10 (e) Section 24.530, Government Code, as added by Section 1
4-11 of this Act, takes effect and the 385th Judicial District is
4-12 created January 1, 1995.
4-13 SECTION 19. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.
4-18 * * * * *
4-19 Austin,
4-20 Texas
4-21 May 6, 1993
4-22 Hon. Bob Bullock
4-23 President of the Senate
4-24 Sir:
4-25 We, your Committee on Jurisprudence to which was referred S.B. No.
4-26 861, have had the same under consideration, and I am instructed to
4-27 report it back to the Senate with the recommendation that it do not
4-28 pass, but that the Committee Substitute adopted in lieu thereof do
4-29 pass and be printed.
4-30 Henderson,
4-31 Chairman
4-32 * * * * *
4-33 WITNESSES
4-34 No witnesses appeared on S.B. No. 861.