BILL ANALYSIS
C.S.H.B. 3235
By: Hightower (Turner)
Jurisprudence
5-18-95
Senate Committee Report (Substituted)
BACKGROUND
Many counties in Texas are experiencing a great backlog of cases at
district courts due to an increasing demand for legal services and
courtrooms coupled with growing populations. In Ellis County, for
instance, only one district court must serve a population of 85,167
people, making the 40th Judicial District one of the busiest in the
state. Other courts have faced overcrowding due to an expansion of
counties the district court serves. The 354th District Court
originally served Hunt and Rains counties, but shortly after its
creation, the geographic boundaries were expanded to include
Rockwall County.
In addition to population increases, certain courts have regional
difficulties that have led to swelling numbers of certain criminal
cases. Increased drug enforcement efforts in California and
Florida have led to a heightened drug-trafficking problem in
counties along the border. Yet the district attorney of the 229th
Judicial District currently prosecutes cases in Duval, Jim Hogg,
and Starr counties. A revision of the jurisdictions would provide
Polk, Trinity, and San Jacinto counties with needed services that
are required due to the increase in felonies because of the opening
of the Terrell Unit of the Institution Division of the Department
of Criminal Justice in Polk County.
Rural west Texas often does not command the presence of district
judges on a regular basis. Simple matters, such as a divorce,
often take months or years to be heard. Cases involving felonies
often wait months before a judge hears the case. It is
particularly costly to the counties because prisoners remain in
jails waiting for a trial. Polk, San Jacinto, and Trinity counties
are served by the 258th District Court and receive partial coverage
of the 9th and Second 9th district courts.
PURPOSE
As proposed, C.S.H.B. 3235 creates the 378th-384th, 392nd, 400th-404th, and 407th-411th judicial districts and sets forth the
counties and judicial districts that elect the district attorneys
for the 34th, 83rd, and 278th judicial districts.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 24.109, Government Code, as follows:
Sec. 24.109. New heading: 9TH JUDICIAL DISTRICT (MONTGOMERY
AND WALLER COUNTIES). (a) Deletes Polk and San Jacinto
counties from the list of counties that compose the 9th
Judicial District.
(b)-(c) Redesignate existing Subsections (c)-(d). Make
conforming changes.
SECTION 2. Amends Section 24.110, Government Code, as follows:
Sec. 24.110. New heading: 410TH JUDICIAL DISTRICT
(MONTGOMERY COUNTY). (a) Replaces the Second 9th Judicial
District with the 410th Judicial District. Deletes Polk, San
Jacinto, and Trinity counties from the list of counties that
compose the Second 9th Judicial District.
(b) Redesignates existing Subsection (c). Makes conforming
changes.
SECTION 3. Amends Chapter 24C, Government Code, by adding Section
24.537, as follows:
Sec. 24.537. 392ND JUDICIAL DISTRICT (HENDERSON COUNTY). (a)
Provides that the 392nd Judicial District is composed of
Henderson County.
(b) Prohibits a judge of the 392nd Judicial District from
being assigned to serve as a visiting judge in Bexar,
Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock,
Midland, Tarrant, or Travis County.
SECTION 4. Amends Chapter 24C, Government Code, by adding Section
24.553, as follows:
Sec. 24.553. 411TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND
TRINITY COUNTIES. (a) Provides that the 411th Judicial
District is composed of Polk, San Jacinto, and Trinity
counties.
(b) Prohibits a judge of the 411th Judicial District from
being assigned to serve as a visiting judge in Bexar,
Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock,
Midland, Tarrant, or Travis County.
SECTION 5. Amends Section 43.105(a), Government Code, to make a
conforming change.
SECTION 6. Amends Section 43.171(b), Government Code, to make a
conforming change.
SECTION 7. Amends Section 44.287(a), Government Code, to make a
conforming change.
SECTION 8. Amends Section 44.304(a), Government Code, to make a
conforming change.
SECTION 9. Repealer: Sections 32.204(d), 32.228(d), and 32.237(d),
Government Code (relating to the supplemental salary for a district
court judge in San Jacinto County, Trinity County, and Waller
County).
SECTION 10. Amends Chapter 24C, Government Code, effective
September 1, 1995, by adding Section 24.523, as follows:
Sec. 24.523. 378TH JUDICIAL DISTRICT (ELLIS COUNTY).
Provides that the 378th Judicial District is composed of Ellis
County.
SECTION 11. Amends Chapter 24C, Government Code, effective
September 1, 1995, by adding Section 24.524, as follows:
Sec. 24.524. 379TH JUDICIAL DISTRICT (FORT BEND COUNTY).
Provides that the 379th Judicial District is composed of Fort
Bend County.
SECTION 12. Amends Chapter 24C, Government Code, effective
September 1, 1996, by adding Section 24.524, as follows:
Sec. 24.525. 380TH JUDICIAL DISTRICT (COLLIN COUNTY).
Provides that the 380th Judicial District is composed of
Collin County.
SECTION 13. Amends Chapter 24C, Government Code, effective
September 1, 1995, by adding Section 24.526, as follows:
Sec. 24.526. 381ST JUDICIAL DISTRICT (STARR COUNTY).
Provides that the 380th Judicial District is composed of Starr
County.
SECTION 14. Amends Section 24.500, Government Code, effective
September 1, 1995, as follows:
Sec. 24.500. New heading: 354TH JUDICIAL DISTRICT (HUNT AND
RAINS COUNTIES). Deletes a provision including Rockwall
County in the 354th Judicial District.
SECTION 15. Amends Chapter 24C, Government Code, effective
September 1, 1995, by adding Section 24.527, as follows:
Sec. 24.527. 382ND JUDICIAL DISTRICT (ROCKWALL COUNTY).
Provides that the 382nd Judicial District is composed of
Rockwall County.
SECTION 16. Amends Chapter 24C, Government Code, effective
September 1, 1995, by adding Sections 24.528 and 24.529, as
follows:
Sec. 24.528. 383RD JUDICIAL DISTRICT (EL PASO COUNTY).
Provides that the 383rd Judicial District is composed of El
Paso County.
Sec. 24.529. 384TH JUDICIAL DISTRICT (EL PASO COUNTY).
Provides that the 384th Judicial District is composed of El
Paso County.
SECTION 17. Amends Chapter 24C, Government Code, effective
September 1, 1995, by adding Sections 24.545-25.549 and 24.552, as
follows:
Sec. 24.545. 400TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
Provides that the 400th Judicial District is composed of Bexar
County.
(b) Requires the 400th District Court to give preference to
criminal cases.
Sec. 24.546. 401ST JUDICIAL DISTRICT (BEXAR COUNTY). (a)
Provides that the 401st Judicial District is composed of Bexar
County.
(b) Requires the 401st District Court to give preference to
civil cases.
Sec. 24.547. 402ND JUDICIAL DISTRICT (BEXAR COUNTY). (a)
Provides that the 402nd Judicial District is composed of Bexar
County.
(b) Requires the 402nd Judicial District to give preference
to civil cases.
Sec. 24.548. 403RD JUDICIAL DISTRICT (BEXAR COUNTY). (a)
Provides that the 403rd Judicial District is composed of Bexar
County.
(b) Requires the 403rd District Court to give preference to
proceedings under Title 3, Family Code.
Sec. 24.549. 404TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
Provides that the 404th Judicial District is composed of Bexar
County.
(b) Requires the 404th District Court to give preference to
proceedings under Title 4, Family Code.
Sec. 24.552. 407TH JUDICIAL DISTRICT (EL PASO COUNTY).
Provides that the 407th Judicial District is composed of El
Paso County.
SECTION 18. Amends Chapter 24C, Government Code, effective
September 1, 1995, by adding Sections 24.553 and 24.554, as
follows:
Sec. 24.553. 408TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
Provides that the 408th Judicial District is composed of
Travis County.
(b) Requires the 408th Judicial District to give preference
to criminal cases.
Sec. 24.554. 409TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
Provides that the 409th Judicial District is composed of
Travis County.
(b) Requires the 409th Judicial District to give preference
to criminal cases.
SECTION 19. Amends Section 43.106(a), Government Code, to delete
a provision including the voters of Grimes County from the list of
voters who elect a district attorney for the 12th Judicial
District.
SECTION 20. Amends Chapter 43B, Government Code, by adding
Section 43.1745, as follows:
Sec. 43.1745. 278TH JUDICIAL DISTRICT. (a) Provides that the
voters of Grimes County elect a district attorney for the
278th Judicial District who represents the state only in that
county.
(b) Requires the district attorney to attend each term and
session of the district courts and all other courts, except
municipal courts, in Grimes County and to represent the
state in all criminal matters in those courts, unless
otherwise provided by law.
(c) Provides that the district attorney has no power, duty,
or privilege, relating to family law and juvenile matters,
except to bring a removal or quo warranto action if the
county attorney fails or refuses to act in a quo warranto or
removal case.
(d) Provides that the district attorney has no power, duty,
or privilege in any civil matter pending before any court.
(e) Sets forth age and residency requirements for the
district attorney.
(f) Prohibits the district attorney from engaging in the
private practice of law.
(g) Authorizes the district attorney to appoint staff.
Requires the staff salaries to be paid from the officer's
salary fund of the county with the approval of the
commissioner's court.
SECTION 21. Amends Chapter 45B, Government Code, by adding
Section 45.193, as follows:
Sec. 45.193. GRIMES COUNTY. (a) Requires the county attorney
of Grimes County to represent the state, Grimes County, and
the officials of the county in all civil matters pending
before the courts of Grimes County and any other court.
(b) Provides that the county attorney has the powers,
duties, and privileges in Grimes County relating to civil
commitment matters under Title 7C, Health and Safety Code,
family law, and juvenile matters.
(c) Provides that the county attorney has all the powers,
duties, and privileges in Grimes County relating to quo
warranto and proceedings for removal from office, with an
exception.
(d) Provides that the county attorney has no power, duty, or
privilege in Grimes County relating to criminal matters.
SECTION 22. Amends Section 46.002, Government Code, to include
the district attorney for the 278th Judicial District in the list
of prosecutors subject to this chapter.
SECTION 23. Requires the initial vacancy in the office of
district attorney for the 278th Judicial District to be filled by
election on creation of the office. Provides that the office of
district attorney for the 278th Judicial District exists for
purposes of the primary and general elections in 1996. Requires
the voters to elect the initial district attorney at the general
election in 1996 for a four-year term beginning January 1, 1997.
Requires the district attorney thereafter to be elected for a four-year term as provided by Section 65, Article XVI, Texas
Constitution. Provides that a vacancy after the initial vacancy is
filled as provided by Section 12, Article IV, Texas Constitution.
Provides that this section takes effect September 1, 1995.
SECTION 24. Provides that except as otherwise provided, this
article takes effect January 1, 1997.
SECTION 25. Amends Section 24.195, Government Code, to require
the 93rd District Court to give preference to all cases and
proceedings under Title 3, Family Code. Provides that the 93rd
District Court is a family district court. Redesignates existing
Subsections (b)-(c) as Subsections (c)-(d).
SECTION 26. Amends Section 24.209(a), Government Code, to
require the 107th District Court to give preference to all cases
and proceedings under Title 3, Family Code, rather than criminal
cases. Provides that the 107th District Court is a family district
court.
SECTION 27. Amends Section 24.240(a), Government Code, to
require the 138th District Court to give preference to all cases
and proceedings under the Family Code, rather than criminal cases.
Provides that the 138th District Court is a family district court.
SECTION 28. Amends Section 24.385, Government Code, as follows:
Sec. 24.385. 206TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a)
Created from existing text.
(b) Requires the 206th District Court to give preference to
all criminal cases. Provides that the 206th District Court
is the criminal district court for Hidalgo County.
SECTION 29. Amends Section 24.452, Government Code, as follows:
Sec. 24.452. 275TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a)
Created from existing text.
(b) Requires the 275th District Court to give preference to
all cases and proceedings under the Family Code. Provides
that 275th District Court is a family district court.
SECTION 30. (a) Provides that the 378th, 379th, 381st, 382nd,
383rd, 384th, 392nd, 400th, 401st, 402nd, 403rd, 404th, 407th,
408th, 409th, 410th, and 411th judicial districts are created
January 1, 1997.
(b) Provides that the 380th Judicial District is created
September 1, 1996.
SECTION 31. Emergency clause.
Effective date: upon passage.