By:  Henderson                                        S.B. No. 1687
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the creation of certain judicial districts and to the
    1-2  offices of county attorney and district attorney of certain
    1-3  judicial districts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5       ARTICLE 1.  ELLIS, FORT BEND, COLLIN, AND STARR COUNTIES
    1-6        SECTION 1.01.  Effective September 1, 1995, Subchapter C,
    1-7  Chapter 24, Government Code, is amended by adding Section 24.523 to
    1-8  read as follows:
    1-9        Sec. 24.523.  378TH JUDICIAL DISTRICT (ELLIS COUNTY).  The
   1-10  378th Judicial District is composed of Ellis County.
   1-11        SECTION 1.02.  Effective September 1, 1995, Subchapter C,
   1-12  Chapter 24, Government Code, is amended by adding Section 24.524 to
   1-13  read as follows:
   1-14        Sec. 24.524.  379TH JUDICIAL DISTRICT (FORT BEND COUNTY).
   1-15  The 379th Judicial District is composed of Fort Bend County.
   1-16        SECTION 1.03.  Effective September 1, 1996, Subchapter C,
   1-17  Chapter 24, Government Code, is amended by adding Section 24.525 to
   1-18  read as follows:
   1-19        Sec. 24.525.  380TH JUDICIAL DISTRICT (COLLIN COUNTY).  The
   1-20  380th Judicial District is composed of Collin County.
   1-21        SECTION 1.04.  Effective September 1, 1995, Subchapter C,
   1-22  Chapter 24, Government Code, is amended by adding Section 24.526 to
   1-23  read as follows:
   1-24        Sec. 24.526.  381ST JUDICIAL DISTRICT (STARR COUNTY).  The
    2-1  381st Judicial District is composed of Starr County.
    2-2            ARTICLE 2.  HUNT, RAINS, AND ROCKWALL COUNTIES
    2-3        SECTION 2.01.  Effective September 1, 1995, Section 24.500,
    2-4  Government Code, is amended to read as follows:
    2-5        Sec. 24.500.  354TH JUDICIAL DISTRICT (HUNT AND<,> RAINS<,
    2-6  AND ROCKWALL> COUNTIES).  (a)  The 354th Judicial District is
    2-7  composed of Hunt and<,> Rains<, and Rockwall> counties.
    2-8        (b)  Section 24.108, relating to the 8th District Court,
    2-9  contains provisions applicable to both that court and the 354th
   2-10  District Court.
   2-11        SECTION 2.02.  Effective September 1, 1995, Subchapter C,
   2-12  Chapter 24, Government Code, is amended by adding Section 24.527 to
   2-13  read as follows:
   2-14        Sec. 24.527.  382ND JUDICIAL DISTRICT (ROCKWALL COUNTY).  The
   2-15  382nd Judicial District is composed of Rockwall County.
   2-16            ARTICLE 3.  EL PASO, BEXAR, AND TRAVIS COUNTIES
   2-17        SECTION 3.01.  Effective September 1, 1995, Subchapter C,
   2-18  Chapter 24, Government Code, is amended by adding Sections 24.528
   2-19  and 24.529 to read as follows:
   2-20        Sec. 24.528.  383RD JUDICIAL DISTRICT (EL PASO COUNTY).  The
   2-21  383rd Judicial District is composed of El Paso County.
   2-22        Sec. 24.529.  384TH JUDICIAL DISTRICT (EL PASO COUNTY).  The
   2-23  384th Judicial District is composed of El Paso County.
   2-24        SECTION 3.02.  Effective September 1, 1995, Subchapter C,
   2-25  Chapter 24, Government Code, is amended by adding Sections 24.545,
   2-26  24.546, 24.547, 24.548, 24.549, and 24.552, to read as follows:
   2-27        Sec. 24.545.  400TH JUDICIAL DISTRICT (BEXAR COUNTY).
    3-1  (a)  The 400th Judicial District is composed of Bexar County.
    3-2        (b)  The 400th District Court shall give preference to
    3-3  criminal cases.
    3-4        Sec. 24.546.  401ST JUDICIAL DISTRICT (BEXAR COUNTY).
    3-5  (a)  The 401st Judicial District is composed of Bexar County.
    3-6        (b)  The 401st District Court shall give preference to civil
    3-7  cases.
    3-8        Sec. 24.547.  402ND JUDICIAL DISTRICT (BEXAR COUNTY).
    3-9  (a)  The 402nd Judicial District is composed of Bexar County.
   3-10        (b)  The 402nd District Court shall give preference to civil
   3-11  cases.
   3-12        Sec. 24.548.  403RD JUDICIAL DISTRICT (BEXAR COUNTY).
   3-13  (a)  The 403rd Judicial District is composed of Bexar County.
   3-14        (b)  The 403rd District Court shall give preference to
   3-15  proceedings under Title 3, Family Code.
   3-16        Sec. 24.549.  404TH JUDICIAL DISTRICT (BEXAR COUNTY).
   3-17  (a)  The 404th Judicial District is composed of Bexar County.
   3-18        (b)  The 404th District Court shall give preference to
   3-19  proceedings under Title 4, Family Code.
   3-20        Sec. 24.552.  407TH JUDICIAL DISTRICT (EL PASO COUNTY).  The
   3-21  407th Judicial District is composed of El Paso County.
   3-22        SECTION 3.03.  Effective September 1, 1995, Subchapter C,
   3-23  Chapter 24, Government Code, is amended by adding Sections 24.553
   3-24  and 24.554 to read as follows:
   3-25        Sec. 24.553.  408TH JUDICIAL DISTRICT (TRAVIS COUNTY).
   3-26  (a)  The 408th Judicial District is composed of Travis County.
   3-27        (b)  The 408th Judicial District shall give preference to
    4-1  criminal cases.
    4-2        Sec. 24.554.  409TH JUDICIAL DISTRICT (TRAVIS COUNTY).
    4-3  (a)  The 409th Judicial District is composed of Travis County.
    4-4        (b)  The 409th Judicial District shall give preference to
    4-5  criminal cases.
    4-6                       ARTICLE 4.  GRIMES COUNTY
    4-7        SECTION 4.01.  Subsection (a), Section 43.106, Government
    4-8  Code, is amended to read as follows:
    4-9        (a)  The voters of <Grimes,> Madison<,> and Leon counties
   4-10  elect a district attorney for the 12th Judicial District who
   4-11  represents the state in that district court only in those counties.
   4-12        SECTION 4.02.  Subchapter B, Chapter 43, Government Code, is
   4-13  amended by adding Section 43.1745 to read as follows:
   4-14        Sec. 43.1745.  278TH JUDICIAL DISTRICT.  (a)  The voters of
   4-15  Grimes County elect a district attorney for the 278th Judicial
   4-16  District who represents the state only in that county.
   4-17        (b)  The district attorney shall attend each term and session
   4-18  of the district courts and all other courts, except municipal
   4-19  courts, in Grimes County and, unless otherwise provided by law,
   4-20  shall exclusively represent the state in all criminal matters in
   4-21  those courts.
   4-22        (c)  The district attorney has no power, duty, or privilege
   4-23  relating to family law and juvenile matters, including matters
   4-24  involving children's protective services, protective orders under
   4-25  Chapter 71, Family Code, orders under Chapter 21, Family Code,
   4-26  proceedings under Title 3, Family Code, civil commitment matters
   4-27  under Subtitle C, Title 7, Health and Safety Code, or a quo
    5-1  warranto or removal case, except, that if the county attorney fails
    5-2  or refuses to act in a quo warranto or removal case, the district
    5-3  attorney has the power, duty, and privilege to bring a removal or
    5-4  quo warranto action.
    5-5        (d)  The district attorney has no power, duty, or privilege
    5-6  in any civil matter pending before any court.
    5-7        (e)  The district attorney must be at least 30 years of age,
    5-8  must have been a practicing attorney in this state for at least
    5-9  five years, and must have been a resident of Grimes County for at
   5-10  least three years immediately preceding election or appointment.
   5-11        (f)  The district attorney may not engage in the private
   5-12  practice of law.
   5-13        (g)  The district attorney may, for the purpose of conducting
   5-14  the affairs of the office, appoint assistant district attorneys,
   5-15  investigators, and other necessary staff.  The salaries of the
   5-16  members of the staff of the district attorney's office shall be
   5-17  paid from the officer's salary fund of the county with the approval
   5-18  of the commissioners court.
   5-19        SECTION 4.03.  Subchapter B, Chapter 45, Government Code, is
   5-20  amended by adding Section 45.193 to read as follows:
   5-21        Sec. 45.193.  GRIMES COUNTY.  (a)  The county attorney of
   5-22  Grimes County shall represent the state, Grimes County, and the
   5-23  officials of the county in all civil matters pending before the
   5-24  courts of Grimes County and any other court.
   5-25        (b)  The county attorney has the powers, duties, and
   5-26  privileges in Grimes County relating to civil commitment matters
   5-27  under Subtitle C, Title 7, Health and Safety Code, family law and
    6-1  juvenile matters, including children's protective services matters,
    6-2  protective orders under Chapter 71, Family Code, orders under
    6-3  Chapter 21, Family Code, and proceedings under Title 3, Family
    6-4  Code.
    6-5        (c)  Except as provided by Section 43.1745, the county
    6-6  attorney has all the powers, duties, and privileges in Grimes
    6-7  County relating to quo warranto and proceedings for removal from
    6-8  office.
    6-9        (d)  The county attorney has no power, duty, or privilege in
   6-10  Grimes County relating to criminal matters, including asset
   6-11  forfeitures under Chapter 59, Code of Criminal Procedure,
   6-12  appearance bond forfeitures under Chapter 17, Code of Criminal
   6-13  Procedure, and habeas corpus related to criminal matters.
   6-14        SECTION 4.04.  Section 46.002, Government Code, is amended to
   6-15  read as follows:
   6-16        Sec. 46.002.  Prosecutors Subject to Chapter.  This chapter
   6-17  applies only to the following prosecutors:
   6-18              (1)  the district attorneys for the 2nd, 8th, 9th,
   6-19  12th, 18th, 21st, 22nd, 23rd, 26th, 27th, 29th, 34th, 35th, 36th,
   6-20  38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th,
   6-21  70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
   6-22  118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
   6-23  216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 278th,
   6-24  286th, 349th, and 355th judicial districts;
   6-25              (2)  the criminal district attorneys for the counties
   6-26  of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
   6-27  Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
    7-1  Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
    7-2  McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
    7-3  Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
    7-4  Waller, Wichita, Wood, and Yoakum; and
    7-5              (3)  the county attorneys performing the duties of
    7-6  district attorneys in the counties of Andrews, Callahan, Cameron,
    7-7  Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
    7-8  Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
    7-9  Red River, Robertson, Rusk, Terry, Webb, and Willacy.
   7-10        SECTION 4.05.  Notwithstanding Section 41.010, Government
   7-11  Code, the initial vacancy in the office of district attorney for
   7-12  the 278th Judicial District on creation of the office shall be
   7-13  filled by election.  The office of district attorney for the 278th
   7-14  Judicial District exists for purposes of the primary and general
   7-15  elections in 1996.  The qualified voters of the county shall elect
   7-16  the initial district attorney for the 278th Judicial District at
   7-17  the general election in 1996 for a four-year term beginning
   7-18  January 1, 1997.  Thereafter, the district attorney of the 278th
   7-19  Judicial District shall be elected for a four-year term as provided
   7-20  by Section 65, Article XVI, Texas Constitution.  A vacancy after
   7-21  the initial vacancy is filled as provided by Section 12, Article
   7-22  IV, Texas Constitution.  This section takes effect September 1,
   7-23  1995.
   7-24        SECTION 4.06.  Except as otherwise provided, this article
   7-25  takes effect January 1, 1997.
   7-26          ARTICLE 5.  HIDALGO, CAMERON, AND WILLACY COUNTIES
   7-27        SECTION 5.01.  Section 24.195, Government Code, is amended to
    8-1  read as follows:
    8-2        Sec. 24.195.  93RD JUDICIAL DISTRICT (HIDALGO COUNTY).
    8-3  (a)  The 93rd Judicial District is composed of Hidalgo County.
    8-4        (b)  The 93rd District Court shall give preference to all
    8-5  cases and proceedings under Title 3, Family Code.  The 93rd
    8-6  District Court is a family district court.
    8-7        (c)  The terms of the 93rd District Court begin on the first
    8-8  Mondays in January and July.
    8-9        (d) <(c)>  Section 24.194, relating to the 92nd District
   8-10  Court, contains provisions applicable to both that court and the
   8-11  93rd District Court.
   8-12        SECTION 5.02.  Subsection (a), Section 24.209, Government
   8-13  Code, is amended to read as follows:
   8-14        (a)  The 107th Judicial District is composed of Cameron and
   8-15  Willacy counties.  The court shall give preference to all
   8-16  <criminal> cases and proceedings under Title 3, Family Code.  The
   8-17  107th District Court is a family district court.
   8-18        SECTION 5.03.  Subsection (a), Section 24.240, Government
   8-19  Code, is amended to read as follows:
   8-20        (a)  The 138th Judicial District is composed of Cameron and
   8-21  Willacy counties.  The court shall give preference to all
   8-22  <criminal> cases and proceedings under the Family Code.  The 138th
   8-23  District Court is a family district court.
   8-24        SECTION 5.04.  Section 24.385, Government Code, is amended to
   8-25  read as follows:
   8-26        Sec. 24.385.  206TH JUDICIAL DISTRICT (HIDALGO COUNTY).
   8-27  (a)  The 206th Judicial District is composed of Hidalgo County.
    9-1        (b)  The 206th District Court shall give preference to all
    9-2  criminal cases.  The 206th District Court is the criminal district
    9-3  court for Hidalgo County.
    9-4        SECTION 5.05.  Section 24.452, Government Code, is amended to
    9-5  read as follows:
    9-6        Sec. 24.452.  275TH JUDICIAL DISTRICT (HIDALGO COUNTY).
    9-7  (a)  The 275th Judicial District is composed of Hidalgo County.
    9-8        (b)  The 275th District Court shall give preference to all
    9-9  cases and proceedings under the Family Code.  The 275th District
   9-10  Court is a family district court.
   9-11                     ARTICLE 6.  DISTRICTS CREATED
   9-12        SECTION 6.01.  The 378th, 379th, 381st, 382nd, 383rd, 384th,
   9-13  400th, 401st, 402nd, 403rd, 404th, 407th, 408th, and 409th judicial
   9-14  districts are created January 1, 1997.
   9-15        SECTION 6.02.  The 380th Judicial District is created
   9-16  September 1, 1996.
   9-17                         ARTICLE 7.  EMERGENCY
   9-18        SECTION 7.01.  The importance of this legislation and the
   9-19  crowded condition of the calendars in both houses create an
   9-20  emergency and an imperative public necessity that the
   9-21  constitutional rule requiring bills to be read on three several
   9-22  days in each house be suspended, and this rule is hereby suspended,
   9-23  and that this Act take effect and be in force from and after its
   9-24  passage, and it is so enacted.