1-1 By: Hightower (Senate Sponsor - Turner) H.B. No. 3235
1-2 (In the Senate - Received from the House May 12, 1995;
1-3 May 16, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 1;
1-6 May 18, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3235 By: Henderson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation of certain judicial districts and to the
1-11 offices of district attorney of certain judicial districts.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 24.109, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 24.109. 9TH JUDICIAL DISTRICT (MONTGOMERY<, POLK, SAN
1-16 JACINTO,> AND WALLER COUNTIES). (a) The 9th Judicial District is
1-17 composed of Montgomery<, Polk, San Jacinto,> and Waller counties.
1-18 (b) <In Polk County, the 9th Judicial District has
1-19 concurrent jurisdiction with the county court in all misdemeanor
1-20 cases in which the county court has jurisdiction. Misdemeanor
1-21 cases may be filed in either the district or county court and may
1-22 be transferred from one court to another. A misdemeanor case in
1-23 which the courts have concurrent jurisdiction may not be
1-24 transferred from one court to another without the consent of the
1-25 judge of the court to which it is transferred.>
1-26 <(c)> The 9th and 155th district courts have concurrent
1-27 jurisdiction in Waller County.
1-28 (c) <(d)> The terms of the 9th District Court begin:
1-29 (1) in Montgomery County on the <16th Monday after
1-30 the> first Monday in January and the <18th Monday after the> first
1-31 Monday in July; and
1-32 (2) <in Polk County on the first Monday in January and
1-33 the third Monday in July;>
1-34 <(3) in San Jacinto County on the seventh Monday after
1-35 the first Monday in January and the ninth Monday after the first
1-36 Monday in July; and>
1-37 <(4)> in Waller County on the 10th Monday after the
1-38 first Monday in January and the 12th Monday after the first Monday
1-39 in July.
1-40 SECTION 2. Section 24.110, Government Code, is amended to
1-41 read as follows:
1-42 Sec. 24.110. 410TH <SECOND 9TH> JUDICIAL DISTRICT
1-43 (MONTGOMERY COUNTY<, POLK, SAN JACINTO, AND TRINITY COUNTIES>).
1-44 (a) The 410th <Second 9th> Judicial District is composed of
1-45 Montgomery County<, Polk, San Jacinto, and Trinity counties>.
1-46 (b) <In Polk County, the Second 9th Judicial District has
1-47 concurrent jurisdiction with the county court in all misdemeanor
1-48 cases in which the county court has jurisdiction. Misdemeanor
1-49 cases may be filed in either the district or county court and may
1-50 be transferred from one court to another. A misdemeanor case in
1-51 which the courts have jurisdiction may not be transferred from one
1-52 court to another without the consent of the judge of the court to
1-53 which it is transferred.>
1-54 <(c)> The terms of the 410th <Second 9th> District Court
1-55 begin<:>
1-56 <(1) in Montgomery County> on the third Monday in
1-57 January, the eighth Monday after the first Monday in January, the
1-58 third Monday in July, and the 10th Monday after the first Monday in
1-59 July<;>
1-60 <(2) in Polk County on the 18th Monday after the first
1-61 Monday in January and the 20th Monday after the first Monday in
1-62 July;>
1-63 <(3) in San Jacinto County on the 16th Monday after
1-64 the first Monday in January and the 18th Monday after the first
1-65 Monday in July; and>
1-66 <(4) in Trinity County on the first Monday in January
1-67 and the 23rd Monday after the first Monday in January>.
1-68 SECTION 3. Subchapter C, Chapter 24, Government Code, is
2-1 amended by adding Section 24.537 to read as follows:
2-2 Sec. 24.537. 392ND JUDICIAL DISTRICT (HENDERSON COUNTY).
2-3 (a) The 392nd Judicial District is composed of Henderson County.
2-4 (b) A judge of the 392nd Judicial District may not be
2-5 assigned under Chapter 74 to serve as a visiting judge in Bexar,
2-6 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
2-7 Tarrant, or Travis County.
2-8 SECTION 4. Subchapter C, Chapter 24, Government Code, is
2-9 amended by adding Section 24.553 to read as follows:
2-10 Sec. 24.553. 411TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND
2-11 TRINITY COUNTIES). (a) The 411th Judicial District is composed of
2-12 Polk, San Jacinto, and Trinity counties.
2-13 (b) A judge of the 411th Judicial District may not be
2-14 assigned under Chapter 74 to serve as a visiting judge in Bexar,
2-15 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
2-16 Tarrant, or Travis County.
2-17 SECTION 5. Section 43.105(a), Government Code, is amended to
2-18 read as follows:
2-19 (a) The voters of Montgomery County elect a district
2-20 attorney for the 9th Judicial District who represents the state in
2-21 that district court only in that county. The district attorney
2-22 also acts as district attorney for the 410th <Second 9th> Judicial
2-23 District in Montgomery County.
2-24 SECTION 6. Section 43.171(b), Government Code, is amended to
2-25 read as follows:
2-26 (b) The district attorney of the 258th Judicial District
2-27 also acts as district attorney for the 411th <Second 9th> Judicial
2-28 District in Trinity County.
2-29 SECTION 7. Section 44.287(a), Government Code, is amended to
2-30 read as follows:
2-31 (a) The criminal district attorney shall attend each term
2-32 and session of the <9th, second 9th, and> 258th and 411th district
2-33 courts of Polk County and each term and session of the inferior
2-34 courts held for the transaction of criminal business and shall
2-35 exclusively represent the state in all criminal matters before
2-36 those courts.
2-37 SECTION 8. Section 44.304(a), Government Code, is amended to
2-38 read as follows:
2-39 (a) The criminal district attorney shall attend each term
2-40 and session of the <9th, Second 9th, and> 258th and 411th district
2-41 courts of San Jacinto County and each term and session of the
2-42 inferior courts held for the transaction of criminal business and
2-43 shall exclusively represent the state in all criminal matters
2-44 before those courts.
2-45 SECTION 9. The following statutes are repealed:
2-46 (1) Section 32.204(d), Government Code;
2-47 (2) Section 32.228(d), Government Code; and
2-48 (3) Section 32.237(d), Government Code.
2-49 SECTION 10. The 392nd and the 411th judicial districts are
2-50 created and this Act takes effect September 1, 1995.
2-51 SECTION 11. Effective September 1, 1995, Subchapter C,
2-52 Chapter 24, Government Code, is amended by adding Section 24.523 to
2-53 read as follows:
2-54 Sec. 24.523. 378TH JUDICIAL DISTRICT (ELLIS COUNTY). The
2-55 378th Judicial District is composed of Ellis County.
2-56 SECTION 12. Effective September 1, 1995, Subchapter C,
2-57 Chapter 24, Government Code, is amended by adding Section 24.524 to
2-58 read as follows:
2-59 Sec. 24.524. 379TH JUDICIAL DISTRICT (FORT BEND COUNTY).
2-60 The 379th Judicial District is composed of Fort Bend County.
2-61 SECTION 13. Effective September 1, 1996, Subchapter C,
2-62 Chapter 24, Government Code, is amended by adding Section 24.525 to
2-63 read as follows:
2-64 Sec. 24.525. 380TH JUDICIAL DISTRICT (COLLIN COUNTY). The
2-65 380th Judicial District is composed of Collin County.
2-66 SECTION 14. Effective September 1, 1995, Subchapter C,
2-67 Chapter 24, Government Code, is amended by adding Section 24.526 to
2-68 read as follows:
2-69 Sec. 24.526. 381ST JUDICIAL DISTRICT (STARR COUNTY). The
2-70 381st Judicial District is composed of Starr County.
3-1 SECTION 15. Effective September 1, 1995, Section 24.500,
3-2 Government Code, is amended to read as follows:
3-3 Sec. 24.500. 354TH JUDICIAL DISTRICT (HUNT AND<,> RAINS<,
3-4 AND ROCKWALL> COUNTIES). (a) The 354th Judicial District is
3-5 composed of Hunt and<,> Rains<, and Rockwall> counties.
3-6 (b) Section 24.108, relating to the 8th District Court,
3-7 contains provisions applicable to both that court and the 354th
3-8 District Court.
3-9 SECTION 16. Effective September 1, 1995, Subchapter C,
3-10 Chapter 24, Government Code, is amended by adding Section 24.527 to
3-11 read as follows:
3-12 Sec. 24.527. 382ND JUDICIAL DISTRICT (ROCKWALL COUNTY). The
3-13 382nd Judicial District is composed of Rockwall County.
3-14 SECTION 17. Effective September 1, 1995, Subchapter C,
3-15 Chapter 24, Government Code, is amended by adding Sections 24.528
3-16 and 24.529 to read as follows:
3-17 Sec. 24.528. 383RD JUDICIAL DISTRICT (EL PASO COUNTY). The
3-18 383rd Judicial District is composed of El Paso County.
3-19 Sec. 24.529. 384TH JUDICIAL DISTRICT (EL PASO COUNTY). The
3-20 384th Judicial District is composed of El Paso County.
3-21 SECTION 18. Effective September 1, 1995, Subchapter C,
3-22 Chapter 24, Government Code, is amended by adding Sections 24.545,
3-23 24.546, 24.547, 24.548, 24.549, and 24.552, to read as follows:
3-24 Sec. 24.545. 400TH JUDICIAL DISTRICT (BEXAR COUNTY).
3-25 (a) The 400th Judicial District is composed of Bexar County.
3-26 (b) The 400th District Court shall give preference to
3-27 criminal cases.
3-28 Sec. 24.546. 401ST JUDICIAL DISTRICT (BEXAR COUNTY).
3-29 (a) The 401st Judicial District is composed of Bexar County.
3-30 (b) The 401st District Court shall give preference to civil
3-31 cases.
3-32 Sec. 24.547. 402ND JUDICIAL DISTRICT (BEXAR COUNTY).
3-33 (a) The 402nd Judicial District is composed of Bexar County.
3-34 (b) The 402nd District Court shall give preference to civil
3-35 cases.
3-36 Sec. 24.548. 403RD JUDICIAL DISTRICT (BEXAR COUNTY).
3-37 (a) The 403rd Judicial District is composed of Bexar County.
3-38 (b) The 403rd District Court shall give preference to
3-39 proceedings under Title 3, Family Code.
3-40 Sec. 24.549. 404TH JUDICIAL DISTRICT (BEXAR COUNTY).
3-41 (a) The 404th Judicial District is composed of Bexar County.
3-42 (b) The 404th District Court shall give preference to
3-43 proceedings under Title 4, Family Code.
3-44 Sec. 24.552. 407TH JUDICIAL DISTRICT (EL PASO COUNTY). The
3-45 407th Judicial District is composed of El Paso County.
3-46 SECTION 19. Effective September 1, 1995, Subchapter C,
3-47 Chapter 24, Government Code, is amended by adding Sections 24.553
3-48 and 24.554 to read as follows:
3-49 Sec. 24.553. 408TH JUDICIAL DISTRICT (TRAVIS COUNTY).
3-50 (a) The 408th Judicial District is composed of Travis County.
3-51 (b) The 408th Judicial District shall give preference to
3-52 criminal cases.
3-53 Sec. 24.554. 409TH JUDICIAL DISTRICT (TRAVIS COUNTY).
3-54 (a) The 409th Judicial District is composed of Travis County.
3-55 (b) The 409th Judicial District shall give preference to
3-56 criminal cases.
3-57 SECTION 20. Subsection (a), Section 43.106, Government Code,
3-58 is amended to read as follows:
3-59 (a) The voters of <Grimes,> Madison<,> and Leon counties
3-60 elect a district attorney for the 12th Judicial District who
3-61 represents the state in that district court only in those counties.
3-62 SECTION 21. Subchapter B, Chapter 43, Government Code, is
3-63 amended by adding Section 43.1745 to read as follows:
3-64 Sec. 43.1745. 278TH JUDICIAL DISTRICT. (a) The voters of
3-65 Grimes County elect a district attorney for the 278th Judicial
3-66 District who represents the state only in that county.
3-67 (b) The district attorney shall attend each term and session
3-68 of the district courts and all other courts, except municipal
3-69 courts, in Grimes County and, unless otherwise provided by law,
3-70 shall exclusively represent the state in all criminal matters in
4-1 those courts.
4-2 (c) The district attorney has no power, duty, or privilege
4-3 relating to family law and juvenile matters, including matters
4-4 involving children's protective services, protective orders under
4-5 Chapter 71, Family Code, orders under Chapter 21, Family Code,
4-6 proceedings under Title 3, Family Code, civil commitment matters
4-7 under Subtitle C, Title 7, Health and Safety Code, or a quo
4-8 warranto or removal case, except, that if the county attorney fails
4-9 or refuses to act in a quo warranto or removal case, the district
4-10 attorney has the power, duty, and privilege to bring a removal of
4-11 quo warranto action.
4-12 (d) The district attorney has no power, duty, or privilege
4-13 in any civil matter pending before any court.
4-14 (e) The district attorney must be at least 30 years of age,
4-15 must have been a practicing attorney in this state for at least
4-16 five years, and must have been a resident of Grimes County for at
4-17 least three years immediately preceding election or appointment.
4-18 (f) The district attorney may not engage in the private
4-19 practice of law.
4-20 (g) The district attorney may, for the purpose of conducting
4-21 the affairs of the office, appoint assistant district attorneys,
4-22 investigators, and other necessary staff. The salaries of the
4-23 members of the staff of the district attorney's office shall be
4-24 paid from the officer's salary fund of the county with the approval
4-25 of the commissioners court.
4-26 SECTION 22. Subchapter B, Chapter 45, Government Code, is
4-27 amended by adding Section 45.193 to read as follows:
4-28 Sec. 45.193. GRIMES COUNTY. (a) The county attorney of
4-29 Grimes County shall represent the state, Grimes County, and the
4-30 officials of the county in all civil matters pending before the
4-31 courts of Grimes County and any other court.
4-32 (b) The county attorney has the powers, duties, and
4-33 privileges in Grimes County relating to civil commitment matters
4-34 under Subtitle C, Title 7, Health and Safety Code, family law and
4-35 juvenile matters, including children's protective services matters,
4-36 protective orders under Chapter 71, Family Code, orders under
4-37 Chapter 21, Family Code, and proceedings under Title 3, Family
4-38 Code.
4-39 (c) Except as provided by Section 43.1745, the county
4-40 attorney has all the powers, duties, and privileges in Grimes
4-41 County relating to quo warranto and proceedings for removal from
4-42 office.
4-43 (d) The county attorney has no power, duty, or privilege in
4-44 Grimes County relating to criminal matters, including asset
4-45 forfeitures under Chapter 59, Code of Criminal Procedure,
4-46 appearance bond forfeitures under Chapter 17, Code of Criminal
4-47 Procedure, and habeas corpus related to criminal matters.
4-48 SECTION 23. Section 46.002, Government Code, is amended to
4-49 read as follows:
4-50 Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
4-51 applies only to the following prosecutors:
4-52 (1) the district attorneys for the 2nd, 8th, 9th,
4-53 12th, 18th, 21st, 22nd, 23rd, 26th, 27th, 29th, 34th, 35th, 36th,
4-54 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th,
4-55 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
4-56 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
4-57 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 278th,
4-58 286th, 349th, and 355th judicial districts;
4-59 (2) the criminal district attorneys for the counties
4-60 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
4-61 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
4-62 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
4-63 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
4-64 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
4-65 Waller, Wichita, Wood, and Yoakum; and
4-66 (3) the county attorneys performing the duties of
4-67 district attorneys in the counties of Andrews, Callahan, Cameron,
4-68 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
4-69 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
4-70 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
5-1 SECTION 24. Notwithstanding Section 41.010, Government Code,
5-2 the initial vacancy in the office of district attorney for the
5-3 278th Judicial District on creation of the office shall be filled
5-4 by election. The office of district attorney for the 278th
5-5 Judicial District exists for purposes of the primary and general
5-6 elections in 1996. The qualified voters of the county shall elect
5-7 the initial district attorney for the 278th Judicial District at
5-8 the general election in 1996 for a four-year term beginning
5-9 January 1, 1997. Thereafter, the district attorney of the 278th
5-10 Judicial District shall be elected for a four-year term as provided
5-11 by Section 65, Article XVI, Texas Constitution. A vacancy after
5-12 the initial vacancy is filled as provided by Section 12, Article
5-13 IV, Texas Constitution. This section takes effect September 1,
5-14 1995.
5-15 SECTION 25. Except as otherwise provided, this article takes
5-16 effect January 1, 1997.
5-17 SECTION 26. Section 24.195, Government Code, is amended to
5-18 read as follows:
5-19 Sec. 24.195. 93RD JUDICIAL DISTRICT (HIDALGO COUNTY).
5-20 (a) The 93rd Judicial District is composed of Hidalgo County.
5-21 (b) The 93rd District Court shall give preference to all
5-22 cases and proceedings under Title 3, Family Code. The 93rd
5-23 District Court is a family district court.
5-24 (c) The terms of the 93rd District Court begin on the first
5-25 Mondays in January and July.
5-26 (d) <(c)> Section 24.194, relating to the 92nd District
5-27 Court, contains provisions applicable to both that court and the
5-28 93rd District Court.
5-29 SECTION 27. Subsection (a), Section 24.209, Government Code,
5-30 is amended to read as follows:
5-31 (a) The 107th Judicial District is composed of Cameron and
5-32 Willacy counties. The court shall give preference to all
5-33 <criminal> cases and proceedings under Title 3, Family Code. The
5-34 107th District Court is a family district court.
5-35 SECTION 28. Subsection (a), Section 24.240, Government Code,
5-36 is amended to read as follows:
5-37 (a) the 138th Judicial District is composed of Cameron and
5-38 Willacy counties. The court shall give preference to all
5-39 <criminal> cases and proceedings under the Family Code. The 138th
5-40 District Court is a family district court.
5-41 SECTION 29. Section 24.385, Government Code, is amended to
5-42 read as follows:
5-43 Sec. 24.385. 206TH JUDICIAL DISTRICT (HIDALGO COUNTY).
5-44 (a) The 206th Judicial District is composed of Hidalgo County.
5-45 (b) The 206th District Court shall give preference to all
5-46 criminal cases. The 206th District Court is the criminal district
5-47 court for Hidalgo County.
5-48 SECTION 30. Section 24.452, Government Code, is amended to
5-49 read as follows:
5-50 Sec. 24.452. 275TH JUDICIAL DISTRICT (HIDALGO COUNTY).
5-51 (a) The 275th Judicial District is composed of Hidalgo County.
5-52 (b) The 275th District Court shall give preference to all
5-53 cases and proceedings under the Family Code. The 275th District
5-54 Court is a family district court.
5-55 SECTION 31. The 378th, 379th, 381st, 382nd, 383rd, 384th,
5-56 392nd, 400th, 401st, 402nd, 403rd, 404th, 407th, 408th, 409th,
5-57 410th, and 411th judicial districts are created January 1, 1997.
5-58 SECTION 32. The 380th Judicial District is created September
5-59 1, 1996.
5-60 EMERGENCY
5-61 SECTION 33. The importance of this legislation and the
5-62 crowded condition of the calendars in both houses create an
5-63 emergency and an imperative public necessity that the
5-64 constitutional rule requiring bills to be read on three several
5-65 days in each house be suspended, and this rule is hereby suspended,
5-66 and that this Act take effect and be in force from and after its
5-67 passage, and it is so enacted.
5-68 * * * * *