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.