By Kamel H.B. No. 2949 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a change of venue in a felony or misdemeanor case 1-3 without a formal transfer of the case. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 31.09, Code of Criminal Procedure, is 1-6 added to read as follows: 1-7 Article 31.09 CHANGE OF VENUE WITHOUT FORMAL TRANSFER OF 1-8 CASE. (a) When an order for a change of venue of any court in any 1-9 criminal cause in this State has been made, the judge ordering the 1-10 change of venue may do so without formally transferring the case as 1-11 specified by law. This option will allow the court to maintain the 1-12 original cause number on its own docket, utilize the services of 1-13 the court reporter, the court coordinator and the clerk of the 1-14 county from which the case originated upon agreement in writing of 1-15 both the county or district attorney, defense attorney and the 1-16 defendant. The court shall utilize the courtroom facilities, jury 1-17 panel as required and any other operational means made available by 1-18 the county where the change of venue is made and to be tried. 1-19 (b) Should all parties agree to a change of venue without 1-20 formal transfer of the case to another county, the clerk of the 1-21 originating county shall not be required to follow Article 31.05, 1-22 Code of Criminal Procedure, but shall maintain the original papers 1-23 of the case and cause them to be present for trial and remain with 2-1 the papers and act as the clerk for the judge of the originating 2-2 county who ordered the change of venue without formal transfer of 2-3 the case. 2-4 (c) Upon completion of a trial in which a change of venue 2-5 without formal transfer of case is made, the clerk of the county in 2-6 which the change of venue was made and tried will not be required 2-7 to follow Article 31.08, section 2, since the clerk of the 2-8 originating county was present and acted as the clerk for the court 2-9 during the proceedings. 2-10 SECTION 2. This Act takes effect September 1, 1995. 2-11 SECTION 3. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended.