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.