BILL ANALYSIS



H.B. 1598
By: Gallego
May 8, 1995
Committee Report (Amended)



BACKGROUND

     There is a perceived local need for a new district court in
Big Bend area.  The largest district in the State is the 83rd
Judicial District which has six of Texas' largest counties in a
single-member district.  In addition, rural Culberson and Hudspeth
counties are paired in three judicial districts with urban El Paso
County.
     Because of its rich history of racial discrimination and voter
intimidation, Texas is subject to Section 5 of federal Voting
Rights Act, which requires Texas to preclear changes in its
elections system to ensure that racial minority voting strength is
not diluted.  The U.S. Justice Department has refused to preclear
any new multimember, urban district or county courts in Texas since
1989.
     This bill reduces the Hispanic population in the 83rd Judicial
District from 53% to 48%.  The new 394th Judicial District would be
the largest judicial district in area in the state.


PURPOSE

     This bill establishes a new district court and reorganizes the
judicial districts in the Big Bend area.  While the noncontiguous
83rd Judicial District is reorganized, it remains noncontiguous. 
Conforming language regarding the district attorneys in the Big
Bend area is also included.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency, or institution.


SECTION BY SECTION ANALYSIS

     SECTION 1 amends Tex. Gov't Code § 24.136 to remove Culberson
and Hudspeth counties from the 34th Judicial District.

     SECTION 2 amends Tex. Gov't Code § 24.185 to remove Brewster,
Jeff Davis and Presidio counties from the 83rd Judicial District
and to provide that the 83rd and 112th district courts have
concurrent jurisdiction in Reagan County.

     SECTION 3 amends Tex. Gov't Code § 24.389 to remove Culberson
and Hudspeth counties from the 210th Judicial District.

     SECTION 4 adds a new Section 24.539 to the Government Code to
create a new 394th Judicial District composed of Brewster,
Culberson, Hudspeth, Jeff Davis and Presidio counties and to
specify terms of court in each county.

     SECTION 5 amends Sections 43.120(a) and (b) of the Government
Code to provide that the district attorney for the 34th Judicial
District is elected from Culberson, El Paso and Hudspeth counties
and to provide that the 34th Judicial District Attorney serves as
the district attorney in the 394th district court in Culberson and
Hudspeth counties.

     SECTION 6 amends Tex. Gov't Code § 43.141 to provide that the
83rd Judicial District Attorney is elected by the voters of
Brewster, Jeff Davis, Pecos, Presidio, Reagan and Upton counties
and that this district attorney serves the 394th Judicial District
in Brewster, Jeff Davis and Presidio counties.

     SECTION 7.  Effective date.

     SECTION 8.  Application of act.  Provisions regarding the
transfer of cases.

     SECTION 9.  Emergency clause.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 prohibits the judge of the new 394th
Judicial District from serving as a visiting judge in Bexar,
Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
Tarrant or Travis counties.
     Committee Amendment No. 2 provides that the changes made to
the 83rd Judicial District become inoperative if the U.S. Justice
Department files a timely objection under Section 5 (preclearance)
of the Voting Rights Act.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on March 8, 1995, the
Committee on Judicial Affairs met in a public hearing on March 14,
1995.  The Chair referred H.B. 1598 directly to the Subcommittee on
Judicial Reform.  The subcommittee members were Reps. Alonzo
(Chair), Duncan, Solis, Thompson, and Willis.
     Pursuant to a public notice posted on April 3, 1995, the
Subcommittee on Judicial Reform met in a public hearing on April
10, 1995, to consider H.B. 1598.  The Chair laid out H.B. 1598 and
recognized the author, Rep. Gallego, to explain the bill.  There
were no witnesses.  Without objection, The Chair moved to leave
H.B. 1598 pending before the subcommittee.
     Pursuant to announcement made on the House Floor while the
House was still in session on May 8, 1995, the Committee on
Judicial Affairs met in a formal meeting on May 8, 1995.  Without
objection, the Chair, Rep. Hartnett, recalled H.B. 1598 from
subcommittee.  The Chair laid out H.B. 1598.  Rep. Alonzo offered
committee amendment #1.  There being no objection, the Chair laid
out committee amendment #1 and recognized Rep. Alonzo to explain. 
Rep. Alonzo moved adoption of amendment #1.  There being no
objection, the amendment was adopted.  Rep. Alonzo offered
committee amendment #2.  There being no objection, the Chair laid
out committee amendment #2 and recognized Rep. Alonzo to explain. 
Rep. Alonzo moved adoption of amendment #2.  There being no
objection, the amendment was adopted.  Rep. Goodman moved that H.B.
1598, as amended, be reported favorably back to the full House with
the recommendation that it do pass, be printed and sent to the
Calendars Committee.  The motion prevailed by the following record
vote:  6 ayes, 0 nays, 0 PNV and 3 absent.