74R8199 DD-D
          By Kamel                                              H.B. No. 2949
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of certain court services and facilities after
    1-3  a change of venue has been ordered in a criminal proceeding.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2, Article 31.08, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        Sec. 2.  (a)  Except as provided by Subsection (b), on <On>
    1-8  an order returning venue to the original county in which the
    1-9  indictment or information was filed, the clerk of the county in
   1-10  which the cause was tried shall:
   1-11              (1)  make a certified copy of the court's order
   1-12  directing the return to the original county;
   1-13              (2)  make a certified copy of the defendant's bail
   1-14  bond, personal bond, or appeal bond;
   1-15              (3)  gather all the original papers in the cause and
   1-16  certify under official seal that the papers are all the original
   1-17  papers on file in the court; and
   1-18              (4)  transmit the items listed in this section to the
   1-19  clerk of the court of original venue.
   1-20        (b)  This article does not apply to a proceeding in which the
   1-21  clerk of the court of original venue was present and performed the
   1-22  duties as clerk for the court under Article 31.09.
   1-23        SECTION 2.  Chapter 31, Code of Criminal Procedure, is
    2-1  amended by adding Article 31.09 to read as follows:
    2-2        Art. 31.09.  CHANGE OF VENUE; USE OF EXISTING SERVICES.  (a)
    2-3  If a change of venue in a criminal case is ordered under this
    2-4  chapter, the judge ordering the change of venue may, with the
    2-5  written consent of the prosecuting attorney, the defense attorney,
    2-6  and the defendant, maintain the original case number on its own
    2-7  docket, preside over the case, and use the services of the court
    2-8  reporter, the court coordinator, and the clerk of the court of
    2-9  original venue.  The court shall use the courtroom facilities and
   2-10  any other services or facilities of the district or county to which
   2-11  venue is changed.  A jury, if required, must consist of residents
   2-12  of the district or county to which venue is changed.
   2-13        (b)  Notwithstanding Article 31.05, the clerk of the court of
   2-14  original venue shall:
   2-15              (1)  maintain the original papers of the case,
   2-16  including the defendant's bail bond or personal bond;
   2-17              (2)  make the papers available for trial; and
   2-18              (3)  act as the clerk in the case.
   2-19        SECTION 3.  The change in law made by this Act applies to a
   2-20  criminal case in which the indictment or information is presented
   2-21  to the court on or after the effective date of this Act.  A
   2-22  criminal case in which an indictment or information is presented
   2-23  before the effective date of this Act is covered by the law in
   2-24  effect when the indictment or information was presented, and the
   2-25  former law is continued in effect for that purpose.
    3-1        SECTION 4.  This Act takes effect September 1, 1995.
    3-2        SECTION 5.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency and an imperative public necessity that the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended.