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.