By Gallego H.B. No. 1598
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the organization of the district courts in Brewster,
1-3 Culberson, Hudspeth, Jeff Davis, and Presidio counties and the
1-4 offices of the district attorneys of the 34th and 83rd judicial
1-5 districts.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 24.136, Government Code, is amended to
1-8 read as follows:
1-9 Sec. 24.136. 34TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
1-10 COUNTY<, AND HUDSPETH COUNTIES>). (a) The 34th Judicial District
1-11 is composed of <Culberson,> El Paso County<, and Hudspeth
1-12 counties>.
1-13 (b) In El Paso County, the 34th, 41st, 65th, 120th, and
1-14 171st district courts have concurrent jurisdiction.
1-15 (c) The terms of the 34th District Court begin<:>
1-16 <(1) in Culberson County on the third Monday in
1-17 October and the first Monday in April;>
1-18 <(2) in El Paso County> on the third Mondays in April
1-19 and September and the first Mondays in January, July, and
1-20 November<; and>
1-21 <(3) in Hudspeth County on the third Monday in March
1-22 and the first Monday in September>.
1-23 (d) A grand jury may not be impaneled in any district court
1-24 in El Paso County except the 34th District Court unless the judge
2-1 of another district court in the county calls for a grand jury by
2-2 special order.
2-3 SECTION 2. Section 24.185, Government Code, is amended to
2-4 read as follows:
2-5 Sec. 24.185. 83RD JUDICIAL DISTRICT (<BREWSTER, JEFF DAVIS,>
2-6 PECOS, <PRESIDIO,> REAGAN, AND UPTON COUNTIES). (a) The 83rd
2-7 Judicial District is composed of <Brewster, Jeff Davis,> Pecos,
2-8 <Presidio,> Reagan, and Upton counties.
2-9 (b) The 83rd and 112th district courts have concurrent
2-10 jurisdiction in Pecos, Reagan, and Upton counties.
2-11 (c) The terms of the 83rd District Court begin:
2-12 (1) <in Brewster County on the fourth and 11th Mondays
2-13 after the first Mondays in January and July;>
2-14 <(2) in Jeff Davis County on the second Mondays in
2-15 January and July;>
2-16 <(3)> in Pecos County on the ninth Monday after the
2-17 first Mondays in January and July;
2-18 <(4) in Presidio County on the third Monday after the
2-19 first Mondays in January and July;>
2-20 (2) <(5)> in Reagan County on the 14th Monday after
2-21 the first Mondays in January and July; and
2-22 (3) <(6)> in Upton County on the 12th Monday after the
2-23 first Mondays in January and July.
2-24 (d) In each of the counties of Pecos and Upton, a petition
2-25 or other pleading filed in the district courts is sufficient if
2-26 addressed "To The District Court of Pecos County, Texas," or "To
2-27 The District Court of Upton County, Texas," respectively, without
3-1 giving the number of the district court in the address.
3-2 (e) The changes made in this section become inoperative if
3-3 the U.S. Justice Department files a timely objection pursuant to
3-4 Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C.
3-5 Section 1973 et seq.).
3-6 SECTION 3. Section 24.389, Government Code, is amended to
3-7 read as follows:
3-8 Sec. 24.389. 210TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
3-9 COUNTY<, AND HUDSPETH COUNTIES>). (a) The 210th Judicial District
3-10 is composed of <Culberson,> El Paso County<, and Hudspeth
3-11 counties>.
3-12 (b) Section 24.136, relating to the 34th District Court,
3-13 contains provisions applicable to both that court and the 210th
3-14 District Court.
3-15 SECTION 4. Subchapter C, Chapter 24, Government Code, is
3-16 amended by adding Section 24.539 to read as follows:
3-17 Sec. 24.539. 394TH JUDICIAL DISTRICT (BREWSTER, CULBERSON,
3-18 HUDSPETH, JEFF DAVIS, AND PRESIDIO COUNTIES). (a) The 394th
3-19 Judicial District is composed of Brewster, Culberson, Hudspeth,
3-20 Jeff Davis, and Presidio counties.
3-21 (b) The terms of the 394th District Court begin:
3-22 (1) in Brewster County on the first Monday in March
3-23 and the third Monday in September;
3-24 (2) in Culberson County on the third Monday in October
3-25 and the first Monday in April;
3-26 (3) in Hudspeth County on the third Monday in March
3-27 and the first Monday in September;
4-1 (4) in Jeff Davis County on the second Mondays in
4-2 January and July; and
4-3 (5) in Presidio County on the third Monday after the
4-4 first Mondays in January and July.
4-5 (c) The judge of the 394th Judicial District may not be
4-6 assigned under Chapter 74, Government Code, to serve as a visiting
4-7 judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson,
4-8 Lubbock, Midland, Tarrant, or Travis County.
4-9 SECTION 5. Sections 43.120(a) and (b), Government Code, are
4-10 amended to read as follows:
4-11 (a) The voters of Culberson, Hudspeth, and El Paso counties
4-12 <the 34th Judicial District> elect a district attorney for the 34th
4-13 Judicial District.
4-14 (b) The district attorney for the 34th Judicial District
4-15 also acts as district attorney for the 41st, 65th, 120th, and 171st
4-16 judicial districts, the 394th Judicial District in Culberson and
4-17 Hudspeth counties, and represents the state in all criminal cases
4-18 before every district court having jurisdiction in El Paso County.
4-19 SECTION 6. Section 43.141, Government Code, is amended to
4-20 read as follows:
4-21 Sec. 43.141. 83RD JUDICIAL DISTRICT. (a) The voters of
4-22 Brewster, Jeff Davis, Pecos, Presidio, Reagan, and Upton counties
4-23 <the 83rd Judicial District> elect a district attorney for the 83rd
4-24 Judicial District.
4-25 (b) The district attorney for the 83rd district also acts as
4-26 district attorney for the 394th Judicial District in Brewster, Jeff
4-27 Davis, and Presidio counties.
5-1 SECTION 7. The 394th Judicial District is created and this
5-2 Act takes effect September 1, 1995.
5-3 SECTION 8. (a) The local administrative district judge
5-4 shall transfer all cases from Culberson and Hudspeth counties that
5-5 are pending in the 34th and 210th district courts on the effective
5-6 date of this Act to the 394th District Court.
5-7 (b) The local administrative district judge shall transfer
5-8 all cases from Brewster, Jeff Davis, and Presidio counties that are
5-9 pending in the 83rd District Court on the effective date of this
5-10 Act to the 394th District Court.
5-11 (c) When a case is transferred from one court to another as
5-12 provided by Subsections (a) and (b) of this section, all processes,
5-13 writs, bonds, recognizances, or other obligations issued from the
5-14 transferring court are returnable to the court to which the case is
5-15 transferred as if originally issued by that court. The obligees in
5-16 all bonds and recognizances taken in and for a court from which a
5-17 case is transferred, and all witnesses summoned to appear in a
5-18 court from which a case is transferred, are required to appear
5-19 before the court to which a case is transferred as if originally
5-20 required to appear before the court to which the transfer is made.
5-21 SECTION 9. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.