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.