BILL ANALYSIS
H.B. 3235
By: Hightower
05-03-95
Committee Report (Amended)
BACKGROUND
There is a perceived local need for a new district court in
Southeast Texas. Currently, Polk, San Jacinto and Trinity counties
are served by the 258th District Court and received partial
coverage of the 9th and Second 9th Courts. The 9th Court serves
Polk and San Jacinto Counties and also serves Montgomery and Waller
Counties. All three (3) of the 258th district counties are served
by the Second 9th, but that Court also serves Montgomery County.
As this area has continued to experience growth in population, it
has become increasingly difficult for the courts to keep up with
demand without creating a tremendous backlog. A need exists for
the revision of the jurisdictions to better serve the pressing
needs of Montgomery County, but also to provide Polk, Trinity and
San Jacinto counties with much needed services that are still
urgently required due to the existing District Court caseload and
the increase in felonies due to the opening of the Terrell Unit of
the Institution Division of the Department of Criminal Justice in
Polk County.
The table below compares the population, ethnicity, dockets,
and caseload growth of all the counties which have requested new
single-county district courts.
County
1990
Pop.
%
Black
%
Hispanic
Current no. of
judges1
Pop.
per
judge
Deviationfrom
avg.
Avg.
docket
per
jdg2
Deviation
from
avg.
Docket
growth
92-94
Bexar
1,185,394
7.1%
49.7%
19.00
62,389
+41.77%
2707
+51%
-1%
Cameron
260,120
0.3%
81.9%
4.68
55,565
+26.26%
2973
+66%
-5%
Collin
264,036
4.1%
6.9%
4.00
66,009
+50.0%
1885
+ 5%
-2%
Dallas
1,852,810
19.9%
17.0%
37.00
50,076
+13.79%
2321
+30%
+5%
Denton
273,525
5.0%
7.0%
5.00
54,705
+24.31%
1517
-15%
+39%
El Paso
591,610
3.7%
69.6%
10.97
53,938
+22.57%
2275
+27%
+12%
Ellis
85,167
10.0%
13.2%
1.00
85,167
+93.53%
2807
+57%
-2%
Fort Bend
225,421
20.7%
19.5%
3.00
75,140
+70.75%
2245
+25%
+1%
Harris
2,818,199
19.2%
22.9%
59.00
47,766
+8.54%
2088
+17%
-2%
Henderson
58,543
8.1%
4.0%
1.46
40,165
-8.73%
2273
+27%
+54%
Hidalgo
383,545
0.2%
85.2%
7.00
54,792
+24.51%
1672
-7%
-8%
Nacogdoches
54,753
16.5%
5.1%
1.00
54,753
+24.42%
1921
+7%
-20%
Nueces
291,145
4.4%
52.2%
7.90
36,833
-16.30%
1837
+3%
+31%
Rockwall
25,604
3.3%
5.9%
0.26
96,662
+119.65%
n/a3
n/a
-14%
Starr
40,518
0.1%
97.2%
0.69
58,545
+33.04%
17404
-3%
-29%
Tarrant
1,170,103
12.0%
12.0%
25.0
46,804
+6.36%
1850
+3%
+12%
Travis
576,407
11.0%
21.1%
13.0
44,339
+0.75%
2302
+29%
+1%
Statewide
avg.
16,986,510
11.6%
25.6%
386
44,007
0.00%
1789
0.00%
+2.0%
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Table notes: all figures from 1992, 1993 and 1994 Annual Reports of Office of Court Administration.
1For single-county districts, the current number of judges equals the number of district judges elected in the county. For multicounty districts, the current number of judges was calculated by dividing the population of the county
into the population of the entire judicial district multiplied by the number of judges elected from that district.
El Paso County comprises eight single-county districts and three multicounty districts in which it constitutes
99% of the population, thus the figure 10.97 judges.
2Except for two counties, average dockets per judge were calculated using an average of annual case filings (all types) in FY 1992, 93 and 94 divided by the number of judges.
3Rockwall County is currently part of one, single-member, multicounty judicial district with Hunt and Rains counties.
Hunt county is also in a single-member, single county district; Rains County is also in a single-member,
multicounty district that it shares with Delta, Franklin and Hopkins counties. This makes any kind of valid
comparison difficult at best. If Rockwall had been calculated like the others, the average docket for the county
(1000) would have been divided by 0.26, yielding a result of 3846. For a broader range of comparative
statistics, see Tex. House Comm. on Judicial Affairs. Interim Report to the 73rd Leg., Austin: Nov. 1992.
4Starr County's average docket per judge lists the total docket for the single-member, multicounty district (including Jim Hogg and Duval counties) of which it is part. An average calculated in the same manner as in other
counties, dividing the average number of annual cases on the docket in Starr County (775) divided by the
number of judges (0.69) would have yielded a result of 1123).
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Countywide, multimember at-large elections in urban areas exist now only in the context of
judicial elections. Such election systems have been traditionally employed in order to dilute minority
voting strength and to deny racial minorities the ability to elect candidates of their choice. Texas is
currently defending a number of suits challenging countywide, multimember, at-large elections for
judicial candidates in urban areas.
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.
It is the opinion of this committee that this bill does not violate the federal Voting Rights Act.
PURPOSE
H.B. 3235 would remove three counties, Polk, San Jacinto & Trinity, from jurisdiction of
existing District Courts and add them to a new District Court created by this legislation. This will
allow a more effective judicial system to occur within these boundaries thus providing timely,
efficient court dates and also provide relief to the already overburdened existing courts in Polk, San
Jacinto, Trinity and Montgomery Counties.
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 Section 24.109, Government Code by removing Polk and San Jacinto
counties from the 9th Judicial District and makes conforming amendments to provisions for the
terms and jurisdiction of the court.
SECTION 2 amends Section 24.110, Government Code by removing Polk, San Jacinto, and
Trinity counties from the Second 9th Judicial District and makes conforming amendments to the
provisions for the terms and jurisdiction of the court.
SECTION 3 amends Subchapter C, Chapter 24, Government Code by adding Section 24.553
which creates the 408th Judicial District Court consisting of Polk, San Jacinto and Trinity Counties.
SECTION 4. Effective date.
SECTION 5. Emergency clause.
EXPLANATION OF AMENDMENTS
Committee Amendment No. 1 prohibits the judge of the 408th Judicial District from serving
as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant
and Travis counties.
SUMMARY OF COMMITTEE ACTION
Pursuant to an announcement made on May 3, 1995, while the House was still in session, the
Committee on Judicial Affairs met in a formal meeting on May 3, 1995. The Chair laid out H.B.
3235 and explained. 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 the amendment. There were no objections. Rep. Alonzo moved that H.B. 3235,
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:
5 ayes, 0 nays, 0 PNV and 4 absent.