By Henderson S.B. No. 1687
74R11647 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of certain judicial districts and to the
1-3 offices of district attorney of certain 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, BAILEY, LAMB, AND PARMER COUNTIES
2-17 SECTION 3.01. Effective September 1, 1995, Section 24.253,
2-18 Government Code, is amended to read as follows:
2-19 Sec. 24.253. 154TH JUDICIAL DISTRICT (EL PASO <LAMB>
2-20 COUNTY). <(a)> The 154th Judicial District is composed of El Paso
2-21 <Lamb> County.
2-22 <(b) The terms of the 154th District Court begin on the
2-23 first Mondays in January and July and are designated as the January
2-24 and July terms.>
2-25 SECTION 3.02. Effective September 1, 1995, Section 24.464,
2-26 Government Code, is amended to read as follows:
2-27 Sec. 24.464. 287TH JUDICIAL DISTRICT (BAILEY, LAMB, AND
3-1 PARMER COUNTIES). (a) The 287th Judicial District is composed of
3-2 Bailey, Lamb, and Parmer counties.
3-3 (b) The terms of the 287th District Court begin in Bailey
3-4 County on the first Mondays in February and August, <and> in Parmer
3-5 County on the first Mondays in March and September, and in Lamb
3-6 County on the first Mondays in January and July.
3-7 SECTION 3.03. Effective September 1, 1995, Subchapter C,
3-8 Chapter 24, Government Code, is amended by adding Sections 24.528
3-9 and 24.529 to read as follows:
3-10 Sec. 24.528. 383RD JUDICIAL DISTRICT (EL PASO COUNTY). The
3-11 383rd Judicial District is composed of El Paso County.
3-12 Sec. 24.529. 384TH JUDICIAL DISTRICT (EL PASO COUNTY). The
3-13 384th Judicial District is composed of El Paso County.
3-14 ARTICLE 4. EL PASO, BREWSTER, CULBERSON, HUDSPETH, JEFF DAVIS,
3-15 PECOS, REAGAN, UPTON, AND PRESIDIO COUNTIES
3-16 SECTION 4.01. Effective September 1, 1995, Section 24.136,
3-17 Government Code, is amended to read as follows:
3-18 Sec. 24.136. 34TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
3-19 COUNTY<, AND HUDSPETH COUNTIES>). (a) The 34th Judicial District
3-20 is composed of <Culberson,> El Paso County<, and Hudspeth
3-21 counties>.
3-22 (b) In El Paso County, the 34th, 41st, 65th, 120th, and
3-23 171st district courts have concurrent jurisdiction.
3-24 (c) The terms of the 34th District Court begin<:>
3-25 <(1) in Culberson County on the third Monday in
3-26 October and the first Monday in April;>
3-27 <(2) in El Paso County> on the third Mondays in April
4-1 and September and the first Mondays in January, July, and
4-2 November<; and>
4-3 <(3) in Hudspeth County on the third Monday in March
4-4 and the first Monday in September>.
4-5 (d) A grand jury may not be impaneled in any district court
4-6 in El Paso County except the 34th District Court unless the judge
4-7 of another district court in the county calls for a grand jury by
4-8 special order.
4-9 SECTION 4.02. Effective September 1, 1995, Section 24.185,
4-10 Government Code, is amended to read as follows:
4-11 Sec. 24.185. 83RD JUDICIAL DISTRICT (<BREWSTER, JEFF DAVIS,>
4-12 PECOS, <PRESIDIO,> REAGAN, AND UPTON COUNTIES). (a) The 83rd
4-13 Judicial District is composed of <Brewster, Jeff Davis,> Pecos,
4-14 <Presidio,> Reagan, and Upton counties.
4-15 (b) The 83rd and 112th district courts have concurrent
4-16 jurisdiction in Pecos and Upton counties.
4-17 (c) The terms of the 83rd District Court begin:
4-18 (1) <in Brewster County on the fourth and 11th Mondays
4-19 after the first Mondays in January and July;>
4-20 <(2) in Jeff Davis County on the second Mondays in
4-21 January and July;>
4-22 <(3)> in Pecos County on the ninth Monday after the
4-23 first Mondays in January and July;
4-24 <(4) in Presidio County on the third Monday after the
4-25 first Mondays in January and July;>
4-26 (2) <(5)> in Reagan County on the 14th Monday after
4-27 the first Mondays in January and July; and
5-1 (3) <(6)> in Upton County on the 12th Monday after the
5-2 first Mondays in January and July.
5-3 (d) In each of the counties of Pecos and Upton, a petition
5-4 or other pleading filed in the district courts is sufficient if
5-5 addressed "To The District Court of Pecos County, Texas," or "To
5-6 The District Court of Upton County, Texas," respectively, without
5-7 giving the number of the district court in the address.
5-8 SECTION 4.03. Effective September 1, 1995, Section 24.389,
5-9 Government Code, is amended to read as follows:
5-10 Sec. 24.389. 210TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
5-11 COUNTY<, AND HUDSPETH COUNTIES>). (a) The 210th Judicial District
5-12 is composed of <Culberson,> El Paso County<, and Hudspeth
5-13 counties>.
5-14 (b) Section 24.136, relating to the 34th District Court,
5-15 contains provisions applicable to both that court and the 210th
5-16 District Court.
5-17 SECTION 4.04. Effective September 1, 1995, Subchapter C,
5-18 Chapter 24, Government Code, is amended by adding Section 24.531 to
5-19 read as follows:
5-20 Sec. 24.531. 386TH JUDICIAL DISTRICT (BREWSTER, CULBERSON,
5-21 HUDSPETH, JEFF DAVIS, AND PRESIDIO COUNTIES). The 386th Judicial
5-22 District is composed of Brewster, Culberson, Hudspeth, Jeff Davis,
5-23 and Presidio counties.
5-24 SECTION 4.05. Effective September 1, 1995, Sections
5-25 43.120(a) and (b), Government Code, are amended to read as follows:
5-26 (a) The voters of Culberson, Hudspeth, and El Paso counties
5-27 <the 34th Judicial District> elect a district attorney for the 34th
6-1 Judicial District.
6-2 (b) The district attorney for the 34th Judicial District
6-3 also acts as district attorney for the 41st, 65th, 120th, and 171st
6-4 judicial districts, the 386th Judicial District in Culberson and
6-5 Hudspeth counties, and represents the state in all criminal cases
6-6 before every district court having jurisdiction in El Paso County.
6-7 SECTION 4.06. Effective September 1, 1995, Section 43.141,
6-8 Government Code, is amended to read as follows:
6-9 Sec. 43.141. 83RD JUDICIAL DISTRICT. (a) The voters of
6-10 Brewster, Jeff Davis, Pecos, Presidio, Reagan, and Upton counties
6-11 <the 83rd Judicial District> elect a district attorney for the 83rd
6-12 Judicial District.
6-13 (b) The district attorney for the 83rd district also acts as
6-14 district attorney for the 394th Judicial District in Brewster, Jeff
6-15 Davis, and Presidio counties.
6-16 SECTION 4.07. (a) Not later than September 1, 1995, the
6-17 local administrative district judge shall transfer all cases from
6-18 Culberson and Hudspeth counties that are pending in the 34th and
6-19 210th district courts on the effective date of this Act to the
6-20 386th District Court.
6-21 (b) Not later than September 1, 1995, the local
6-22 administrative district judge shall transfer all cases from
6-23 Brewster, Jeff Davis, and Presidio counties that are pending in the
6-24 83rd District Court on the effective date of this Act to the 386th
6-25 District Court.
6-26 (c) When a case is transferred from one court to another as
6-27 provided by Subsections (a) and (b) of this section, all processes,
7-1 writs, bonds, recognizances, or other obligations issued from the
7-2 transferring court are returnable to the court to which the case is
7-3 transferred as if originally issued by that court. The obligees in
7-4 all bonds and recognizances taken in and for a court from which a
7-5 case is transferred, and all witnesses summoned to appear in a
7-6 court from which a case is transferred, are required to appear
7-7 before the court to which a case is transferred as if originally
7-8 required to appear before the court to which the transfer is made.
7-9 ARTICLE 5. DISTRICTS CREATED
7-10 SECTION 5.01. The 378th, 379th, 381st, 382nd, 383rd, 384th,
7-11 and 386th judicial districts are created September 1, 1995.
7-12 SECTION 5.02. The 380th Judicial District is created
7-13 September 1, 1996.
7-14 ARTICLE 6. EMERGENCY
7-15 SECTION 6.01. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended,
7-20 and that this Act take effect and be in force from and after its
7-21 passage, and it is so enacted.