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.