BILL ANALYSIS


                                                        S.B. 1687
                                                    By: Henderson
                                                    Jurisprudence
                                                           5-3-95
                                       Committee Report (Amended)
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.

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.  

PURPOSE

As proposed, S.B. 1687 creates the 378th-384th, 400th-404th, and
407th 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

     ARTICLE 1.  ELLIS, FORT BEND, COLLIN, AND STARR COUNTIES

SECTION 1.01.  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 1.02.  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 1.03.  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 1.04.  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.
     
          ARTICLE 2.  HUNT, RAINS, AND ROCKWALL COUNTIES

SECTION 2.01.  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 2.02.  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.
      ARTICLE 3.  EL PASO, BAILEY, LAMB, AND PARMER COUNTIES

SECTION 3.01.  Amends Section 24.253, Government Code, effective
September 1, 1995, as follows:

     Sec. 24.253.  New heading:  154TH JUDICIAL DISTRICT (EL PASO
     COUNTY).  Deletes provisions including Lamb County in the
     154th Judicial District and setting forth the dates for
     beginning court terms.
SECTION 3.02.  Amends Section 24.464, Government Code, effective
September 1, 1995, as follows:
     
     Sec. 24.464.  New heading:  287TH JUDICIAL DISTRICT (BAILEY,
     LAMB, AND PARMER COUNTIES).  Includes Lamb County in the list
     of counties composing the 287th Judicial District and provides
     that the terms of the court begin on the first Mondays in
     January and July in Lamb County.
SECTION 3.03.  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.
              ARTICLE 4.  BEXAR AND EL PASO COUNTIES

SECTION 4.01.  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.
                  ARTICLE 5.  DISTRICTS CREATED

SECTION 5.01.  Provides that the 378th, 379th, 381st, 382nd, 383rd,
384th, 400th, 401st, 402nd, 403rd, 404th, and 407th judicial
districts are created September 1, 1995.

SECTION 5.02.  Provides that the 380th Judicial District is created
September 1, 1996.

          ARTICLE 6.  GRIMES, MADISON, AND LEON COUNTIES

SECTION 6.01.  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 6.02.  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 6.03.  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 6.04.  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 6.05.  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 6.06.  Provides that except as otherwise provided, this
article takes effect January 1, 1997.

                      ARTICLE 7.  EMERGENCY

SECTION 7.01.  Emergency clause.
               Effective date: upon passage.