By Allen H.B. No. 890
74R3996 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of the justice courts in a county with
1-3 a population of two million or more.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 24.004, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 24.004. Jurisdiction. (a) A justice court in the
1-8 precinct in which the real property is located has jurisdiction in
1-9 forcible entry and detainer and forcible detainer suits.
1-10 (b) In a county with a population of two million or more, a
1-11 justice court in the precinct in which the real property is located
1-12 or in a precinct in the same county adjacent to the precinct in
1-13 which the real property is located has jurisdiction in forcible
1-14 entry and detainer suits.
1-15 SECTION 2. Article 4.12, Code of Criminal Procedure, is
1-16 amended to read as follows:
1-17 Art. 4.12. Misdemeanor cases; precinct in which defendant to
1-18 be tried in justice court
1-19 Sec. 1. A misdemeanor case to be tried in justice court
1-20 shall be tried:
1-21 (1) in the precinct in which the offense was
1-22 committed;
1-23 (2) in the precinct in which <, or in which> the
1-24 defendant or any of the defendants reside;
2-1 (3) <, or,> with the written consent of the State and
2-2 each defendant or his attorney, in any other precinct within the
2-3 county; or
2-4 (4) in a county with a population of two million or
2-5 more, in a precinct in the same county adjacent to the precinct in
2-6 which the offense was committed, if requested by a person who files
2-7 the complaint on which the prosecution is based as a victim of the
2-8 alleged offense.
2-9 Sec. 2. In a<; provided that in any> misdemeanor case in
2-10 which the offense was committed in a precinct where there is no
2-11 qualified justice precinct court, then trial shall be had in the
2-12 next adjacent precinct in the same county which may have a duly
2-13 qualified justice precinct court, or in the precinct in which the
2-14 defendant may reside.
2-15 Sec. 3. In a<; provided that in any such> misdemeanor case,
2-16 upon disqualification for any reason of all justices of the peace
2-17 in the precinct where the offense was committed, such case may be
2-18 tried in the next adjoining precinct in the same county, having a
2-19 duly qualified justice of the peace.
2-20 SECTION 3. This Act takes effect September 1, 1995, and
2-21 applies only to a civil lawsuit filed or a criminal charge in which
2-22 a complaint is presented on or after the effective date of this
2-23 Act. A civil lawsuit filed or a criminal charge in which a
2-24 complaint is presented before the effective date of this Act is
2-25 governed by the law as it existed when the lawsuit was filed or the
2-26 complaint was presented, and the former law is continued in effect
2-27 for that purpose.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.