By Hightower                                          H.B. No. 3235
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of a judicial district composed of Polk,
    1-3  Trinity, and San Jacinto counties, to the composition of the 9th
    1-4  Judicial District and the Second 9th Judicial District, and to the
    1-5  creation of a judicial district composed of Henderson County.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 24.109, Government Code, is amended to
    1-8  read as follows:
    1-9        Sec. 24.109.  9TH JUDICIAL DISTRICT (MONTGOMERY<, POLK, SAN
   1-10  JACINTO,> AND WALLER COUNTIES).  (a)  The 9th Judicial District is
   1-11  composed of Montgomery<, Polk, San Jacinto,> and Waller counties.
   1-12        (b)  <In Polk County, the 9th Judicial District has
   1-13  concurrent jurisdiction with the county court in all misdemeanor
   1-14  cases in which the county court has jurisdiction.  Misdemeanor
   1-15  cases may be filed in either the district or county court and may
   1-16  be transferred from one court to another.  A misdemeanor case in
   1-17  which the courts have concurrent jurisdiction may not be
   1-18  transferred from one court to another without the consent of the
   1-19  judge of the court to which it is transferred.>
   1-20        <(c)>  The 9th and 155th district courts have concurrent
   1-21  jurisdiction in Waller County.
   1-22        (c) <(d)>  The terms of the 9th District Court begin:
   1-23              (1)  in Montgomery County on the 16th Monday after the
    2-1  first Monday in January and the 18th Monday after the first Monday
    2-2  in July; and
    2-3              (2)  <in Polk County on the first Monday in January and
    2-4  the third Monday in July;>
    2-5              <(3)  in San Jacinto County on the seventh Monday after
    2-6  the first Monday in January and the ninth Monday after the first
    2-7  Monday in July; and>
    2-8              <(4)>  in Waller County on the 10th Monday after the
    2-9  first Monday in January and the 12th Monday after the first Monday
   2-10  in July.
   2-11        SECTION 2.  Section 24.110, Government Code, is amended to
   2-12  read as follows:
   2-13        Sec. 24.110.  409TH <SECOND 9TH> JUDICIAL DISTRICT
   2-14  (MONTGOMERY COUNTY <, POLK, SAN JACINTO, AND TRINITY COUNTIES>).
   2-15  (a)  The 409th <Second 9th> Judicial District is composed of
   2-16  Montgomery County<, Polk, San Jacinto, and Trinity counties>.
   2-17        (b)  <In Polk County, the Second 9th Judicial District has
   2-18  concurrent jurisdiction with the county court in all misdemeanor
   2-19  cases in which the county court has jurisdiction.  Misdemeanor
   2-20  cases may be filed in either the district or county court and may
   2-21  be transferred from one court to another.  A misdemeanor case in
   2-22  which the courts have jurisdiction may not be transferred from one
   2-23  court to another without the consent of the judge of the court to
   2-24  which it is transferred.>
   2-25        <(c)>  The terms of the 409th <Second 9th> District Court
    3-1  begin<:>
    3-2              <(1)  in Montgomery County> on the third Monday in
    3-3  January, the eighth Monday after the first Monday in January, the
    3-4  third Monday in July, and the 10th Monday after the first Monday in
    3-5  July<;>
    3-6              <(2)  in Polk County on the 18th Monday after the first
    3-7  Monday in January and the 20th Monday after the first Monday in
    3-8  July;>
    3-9              <(3)  in San Jacinto County on the 16th Monday after
   3-10  the first Monday in January and the 18th Monday after the first
   3-11  Monday in July; and>
   3-12              <(4)  in Trinity County on the first Monday in January
   3-13  and the 23rd Monday after the first Monday in January>.
   3-14        SECTION 3.  Subchapter C, Chapter 24, Government Code, is
   3-15  amended by adding Section 24.553 to read as follows:
   3-16        Sec. 24.553.  408TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND
   3-17  TRINITY COUNTIES).  (a)  The 408th Judicial District is composed of
   3-18  Polk, San Jacinto, and Trinity counties.
   3-19        (b)  A judge of the 408th Judicial District may not be
   3-20  assigned under Chapter 74 to serve as a visiting judge in Bexar,
   3-21  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
   3-22  Tarrant, or Travis County.
   3-23        SECTION 4.  The 408th Judicial District is created and this
   3-24  Act takes effect September 1, 1995.
   3-25        SECTION 5.  Subchapter C, Chapter 24, Government Code, is
    4-1  amended by adding Section 24.537 to read as follows:
    4-2        Sec. 24.537.  392ND JUDICIAL DISTRICT (HENDERSON COUNTY).
    4-3  (a)  The 392nd Judicial District is composed of Henderson County.
    4-4        (b)  A judge of the 392nd Judicial District may not be
    4-5  assigned under Chapter 74 to serve as a visiting judge in Bexar,
    4-6  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
    4-7  Tarrant, or Travis County.
    4-8        SECTION 6.  Section 43.105(a), Government Code, is amended to
    4-9  read as follows:
   4-10        (a)  The voters of Montgomery County elect a district
   4-11  attorney for the 9th Judicial District who represents the state in
   4-12  that district court only in that county.  The district attorney
   4-13  also acts as district attorney for the 409th <Second 9th> Judicial
   4-14  District in Montgomery County.
   4-15        SECTION 7.  Section 43.171(b), Government Code, is amended to
   4-16  read as follows:
   4-17        (b)  The district attorney of the 258th Judicial District
   4-18  also acts as district attorney for the 409th <Second 9th> Judicial
   4-19  District in Trinity County.
   4-20        SECTION 8.  Section 44.287(a), Government Code, is amended to
   4-21  read as follows:
   4-22        (a)  The criminal district attorney shall attend each term
   4-23  and session of the 9th, 409th <second 9th>, and 258th district
   4-24  courts of Polk County and each term and session of the inferior
   4-25  courts held for the transaction of criminal business and shall
    5-1  exclusively represent the state in all criminal matters before
    5-2  those courts.
    5-3        SECTION 9.  Section 44.304(a), Government Code, is amended to
    5-4  read as follows:
    5-5        (a)  The criminal district attorney shall attend each term
    5-6  and session of the 9th, 409th <Second 9th>, and 258th district
    5-7  courts of San Jacinto County and each term and session of the
    5-8  inferior courts held for the transaction of criminal business and
    5-9  shall exclusively represent the state in all criminal matters
   5-10  before those courts.
   5-11        SECTION 10.  The 392nd Judicial District is created and this
   5-12  Act takes effect September 1, 1995.
   5-13        SECTION 11.  The importance of this legislation and the
   5-14  crowded condition of the calendars in both houses create an
   5-15  emergency and an imperative public necessity that the
   5-16  constitutional rule requiring bills to be read on three several
   5-17  days in each house be suspended, and this rule is hereby suspended.