1-1 By: Henderson S.B. No. 1687
1-2 (In the Senate - Filed April 28, 1995; April 28, 1995, read
1-3 first time and referred to Committee on Jurisprudence; May 3, 1995,
1-4 reported favorably, as amended, by the following vote: Yeas 5,
1-5 Nays 0; May 3, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-7 Amend S.B. No. 1687 as filed by making the following deletions and
1-8 renumbering the remaining sections accordingly:
1-9 (1) Page 3, delete the language on lines 14 and 15
1-10 (committee printing page 4, lines 18-19)
1-11 (2) SECTION 4.01 entirely
1-12 (3) SECTION 4.02 entirely
1-13 (4) SECTION 4.03 entirely
1-14 (5) SECTION 4.04 entirely
1-15 (6) SECTION 4.05 entirely
1-16 (7) SECTION 4.06 entirely
1-17 (8) SECTION 4.07 entirely
1-18 (9) SECTION 5.01, delete only the reference to the 386th
1-19 judicial district
1-20 COMMITTEE AMENDMENT NO. 2 By: Henderson
1-21 Amend S.B. No. 1687 as filed as follows:
1-22 (1) Insert the following new section where appropriate and
1-23 renumber the existing sections accordingly:
1-24 SECTION _____. Effective September 1, 1995, Subchapter C,
1-25 Chapter 24, Government Code, is amended by adding Sections 24.545,
1-26 24.546, 24.547, 24.548, 24.549, and 24.552, to read as follows:
1-27 Sec. 24.545. 400TH JUDICIAL DISTRICT (BEXAR COUNTY).
1-28 (a) The 400th Judicial District is composed of Bexar County.
1-29 (b) The 400th District Court shall give preference to
1-30 criminal cases.
1-31 Sec. 24.546. 401ST JUDICIAL DISTRICT (BEXAR COUNTY).
1-32 (a) The 401st Judicial District is composed of Bexar County.
1-33 (b) The 401st District Court shall give preference to civil
1-34 cases.
1-35 Sec. 24.547. 402ND JUDICIAL DISTRICT (BEXAR COUNTY).
1-36 (a) The 402nd Judicial District is composed of Bexar County.
1-37 (b) The 402nd District Court shall give preference to civil
1-38 cases.
1-39 Sec. 24.548. 403RD JUDICIAL DISTRICT (BEXAR COUNTY).
1-40 (a) The 403rd Judicial District is composed of Bexar County.
1-41 (b) The 403rd District Court shall give preference to
1-42 proceedings under Title 3, Family Code.
1-43 Sec. 24.549. 404TH JUDICIAL DISTRICT (BEXAR COUNTY).
1-44 (a) The 404th Judicial District is composed of Bexar County.
1-45 (b) The 404th District Court shall give preference to
1-46 proceedings under Title 4, Family Code.
1-47 Sec. 24.552. 407TH JUDICIAL DISTRICT (EL PASO COUNTY). The
1-48 407th Judicial District is composed of El Paso County.
1-49 (2) Amend SECTION 5.01 as filed, to read as follows:
1-50 SECTION _____. The 378th, 379th, 381st, 382nd, 383rd, 384th,
1-51 400th, 401st, 402nd, 403rd, 404th, and 407th judicial districts are
1-52 created September 1, 1995.
1-53 COMMITTEE AMENDMENT NO. 3 By: Turner
1-54 Amend S.B. No. 1687 as filed as follows:
1-55 (1) Add the following appropriately numbered sections in an
1-56 appropriate place:
1-57 SECTION ______. Subsection (a), Section 43.106, Government
1-58 Code, is amended to read as follows:
1-59 (a) The voters of <Grimes,> Madison<,> and Leon counties
1-60 elect a district attorney for the 12th Judicial District who
1-61 represents the state in that district court only in those counties.
1-62 SECTION ______. Subchapter B, Chapter 43, Government Code,
1-63 is amended by adding Section 43.1745 to read as follows:
1-64 Sec. 43.1745. 278TH JUDICIAL DISTRICT. (a) The voters of
1-65 Grimes County elect a district attorney for the 278th Judicial
1-66 District who represents the state only in that county.
1-67 (b) The district attorney shall attend each term and session
1-68 of the district courts and all other courts, except municipal
2-1 courts, in Grimes County and, unless otherwise provided by law,
2-2 shall exclusively represent the state in all criminal matters in
2-3 those courts.
2-4 (c) The district attorney has no power, duty, or privilege
2-5 relating to family law and juvenile matters, including matters
2-6 involving children's protective services, protective orders under
2-7 Chapter 71, Family Code, orders under Chapter 21, Family Code,
2-8 proceedings under Title 3, Family Code, civil commitment matters
2-9 under Subtitle C, Title 7, Health and Safety Code, or a quo
2-10 warranto or removal case, except, that if the county attorney fails
2-11 or refuses to act in a quo warranto or removal case, the district
2-12 attorney has the power, duty, and privilege to bring a removal or
2-13 quo warranto action.
2-14 (d) The district attorney has no power, duty, or privilege
2-15 in any civil matter pending before any court.
2-16 (e) The district attorney must be at least 30 years of age,
2-17 must have been a practicing attorney in this state for at least
2-18 five years, and must have been a resident of Grimes County for at
2-19 least three years immediately preceding election or appointment.
2-20 (f) The district attorney may not engage in the private
2-21 practice of law.
2-22 (g) The district attorney may, for the purpose of conducting
2-23 the affairs of the office, appoint assistant district attorneys,
2-24 investigators, and other necessary staff. The salaries of the
2-25 members of the staff of the district attorney's office shall be
2-26 paid from the officer's salary fund of the county with the approval
2-27 of the commissioners court.
2-28 SECTION ______. Subchapter B, Chapter 45, Government Code,
2-29 is amended by adding Section 45.193 to read as follows:
2-30 Sec. 45.193. GRIMES COUNTY. (a) The county attorney of
2-31 Grimes County shall represent the state, Grimes County, and the
2-32 officials of the county in all civil matters pending before the
2-33 courts of Grimes County and any other court.
2-34 (b) The county attorney has the powers, duties, and
2-35 privileges in Grimes County relating to civil commitment matters
2-36 under Subtitle C, Title 7, Health and Safety Code, family law and
2-37 juvenile matters, including children's protective services matters,
2-38 protective orders under Chapter 71, Family Code, orders under
2-39 Chapter 21, Family Code, and proceedings under Title 3, Family
2-40 Code.
2-41 (c) Except as provided by Section 43.1745, the county
2-42 attorney has all the powers, duties, and privileges in Grimes
2-43 County relating to quo warranto and proceedings for removal from
2-44 office.
2-45 (d) The county attorney has no power, duty, or privilege in
2-46 Grimes County relating to criminal matters, including asset
2-47 forfeitures under Chapter 59, Code of Criminal Procedure,
2-48 appearance bond forfeitures under Chapter 17, Code of Criminal
2-49 Procedure, and habeas corpus related to criminal matters.
2-50 SECTION ______. Section 46.002, Government Code, is amended
2-51 to read as follows:
2-52 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
2-53 applies only to the following prosecutors:
2-54 (1) the district attorneys for the 2nd, 8th, 9th,
2-55 12th, 18th, 21st, 22nd, 23rd, 26th, 27th, 29th, 34th, 35th, 36th,
2-56 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th,
2-57 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
2-58 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
2-59 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 278th,
2-60 286th, 349th, and 355th judicial districts;
2-61 (2) the criminal district attorneys for the counties
2-62 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
2-63 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
2-64 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
2-65 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
2-66 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
2-67 Waller, Wichita, Wood, and Yoakum; and
2-68 (3) the county attorneys performing the duties of
2-69 district attorneys in the counties of Andrews, Callahan, Cameron,
2-70 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
3-1 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
3-2 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
3-3 SECTION ______. Notwithstanding Section 41.010, Government
3-4 Code, the initial vacancy in the office of district attorney for
3-5 the 278th Judicial District on creation of the office shall be
3-6 filled by election. The office of district attorney for the 278th
3-7 Judicial District exists for purposes of the primary and general
3-8 elections in 1996. The qualified voters of the county shall elect
3-9 the initial district attorney for the 278th Judicial District at
3-10 the general election in 1996 for a four-year term beginning
3-11 January 1, 1997. Thereafter, the district attorney of the 278th
3-12 Judicial District shall be elected for a four-year term as provided
3-13 by Section 65, Article XVI, Texas Constitution. A vacancy after
3-14 the initial vacancy is filled as provided by Section 12, Article
3-15 IV, Texas Constitution. This section takes effect September 1,
3-16 1995.
3-17 SECTION ______. Except as otherwise provided, this article
3-18 takes effect January 1, 1997.
3-19 A BILL TO BE ENTITLED
3-20 AN ACT
3-21 relating to the creation of certain judicial districts and to the
3-22 offices of district attorney of certain judicial districts.
3-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
3-24 ARTICLE 1. ELLIS, FORT BEND, COLLIN, AND STARR COUNTIES
3-25 SECTION 1.01. Effective September 1, 1995, Subchapter C,
3-26 Chapter 24, Government Code, is amended by adding Section 24.523 to
3-27 read as follows:
3-28 Sec. 24.523. 378TH JUDICIAL DISTRICT (ELLIS COUNTY). The
3-29 378th Judicial District is composed of Ellis County.
3-30 SECTION 1.02. Effective September 1, 1995, Subchapter C,
3-31 Chapter 24, Government Code, is amended by adding Section 24.524 to
3-32 read as follows:
3-33 Sec. 24.524. 379TH JUDICIAL DISTRICT (FORT BEND COUNTY).
3-34 The 379th Judicial District is composed of Fort Bend County.
3-35 SECTION 1.03. Effective September 1, 1996, Subchapter C,
3-36 Chapter 24, Government Code, is amended by adding Section 24.525 to
3-37 read as follows:
3-38 Sec. 24.525. 380TH JUDICIAL DISTRICT (COLLIN COUNTY). The
3-39 380th Judicial District is composed of Collin County.
3-40 SECTION 1.04. Effective September 1, 1995, Subchapter C,
3-41 Chapter 24, Government Code, is amended by adding Section 24.526 to
3-42 read as follows:
3-43 Sec. 24.526. 381ST JUDICIAL DISTRICT (STARR COUNTY). The
3-44 381st Judicial District is composed of Starr County.
3-45 ARTICLE 2. HUNT, RAINS, AND ROCKWALL COUNTIES
3-46 SECTION 2.01. Effective September 1, 1995, Section 24.500,
3-47 Government Code, is amended to read as follows:
3-48 Sec. 24.500. 354TH JUDICIAL DISTRICT (HUNT AND<,> RAINS<,
3-49 AND ROCKWALL> COUNTIES). (a) The 354th Judicial District is
3-50 composed of Hunt and<,> Rains<, and Rockwall> counties.
3-51 (b) Section 24.108, relating to the 8th District Court,
3-52 contains provisions applicable to both that court and the 354th
3-53 District Court.
3-54 SECTION 2.02. Effective September 1, 1995, Subchapter C,
3-55 Chapter 24, Government Code, is amended by adding Section 24.527 to
3-56 read as follows:
3-57 Sec. 24.527. 382ND JUDICIAL DISTRICT (ROCKWALL COUNTY). The
3-58 382nd Judicial District is composed of Rockwall County.
3-59 ARTICLE 3. EL PASO, BAILEY, LAMB, AND PARMER COUNTIES
3-60 SECTION 3.01. Effective September 1, 1995, Section 24.253,
3-61 Government Code, is amended to read as follows:
3-62 Sec. 24.253. 154TH JUDICIAL DISTRICT (EL PASO <LAMB>
3-63 COUNTY). <(a)> The 154th Judicial District is composed of El Paso
3-64 <Lamb> County.
3-65 <(b) The terms of the 154th District Court begin on the
3-66 first Mondays in January and July and are designated as the January
3-67 and July terms.>
3-68 SECTION 3.02. Effective September 1, 1995, Section 24.464,
3-69 Government Code, is amended to read as follows:
3-70 Sec. 24.464. 287TH JUDICIAL DISTRICT (BAILEY, LAMB, AND
4-1 PARMER COUNTIES). (a) The 287th Judicial District is composed of
4-2 Bailey, Lamb, and Parmer counties.
4-3 (b) The terms of the 287th District Court begin in Bailey
4-4 County on the first Mondays in February and August, <and> in Parmer
4-5 County on the first Mondays in March and September, and in Lamb
4-6 County on the first Mondays in January and July.
4-7 SECTION 3.03. Effective September 1, 1995, Subchapter C,
4-8 Chapter 24, Government Code, is amended by adding Sections 24.528
4-9 and 24.529 to read as follows:
4-10 Sec. 24.528. 383RD JUDICIAL DISTRICT (EL PASO COUNTY). The
4-11 383rd Judicial District is composed of El Paso County.
4-12 Sec. 24.529. 384TH JUDICIAL DISTRICT (EL PASO COUNTY). The
4-13 384th Judicial District is composed of El Paso County.
4-14 ARTICLE 4. EL PASO, BREWSTER, CULBERSON, HUDSPETH, JEFF DAVIS,
4-15 PECOS, REAGAN, UPTON, AND PRESIDIO COUNTIES
4-16 SECTION 4.01. Effective September 1, 1995, Section 24.136,
4-17 Government Code, is amended to read as follows:
4-18 Sec. 24.136. 34TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
4-19 COUNTY<, AND HUDSPETH COUNTIES>). (a) The 34th Judicial District
4-20 is composed of <Culberson,> El Paso County<, and Hudspeth
4-21 counties>.
4-22 (b) In El Paso County, the 34th, 41st, 65th, 120th, and
4-23 171st district courts have concurrent jurisdiction.
4-24 (c) The terms of the 34th District Court begin<:>
4-25 <(1) in Culberson County on the third Monday in
4-26 October and the first Monday in April;>
4-27 <(2) in El Paso County> on the third Mondays in April
4-28 and September and the first Mondays in January, July, and
4-29 November<; and>
4-30 <(3) in Hudspeth County on the third Monday in March
4-31 and the first Monday in September>.
4-32 (d) A grand jury may not be impaneled in any district court
4-33 in El Paso County except the 34th District Court unless the judge
4-34 of another district court in the county calls for a grand jury by
4-35 special order.
4-36 SECTION 4.02. Effective September 1, 1995, Section 24.185,
4-37 Government Code, is amended to read as follows:
4-38 Sec. 24.185. 83RD JUDICIAL DISTRICT (<BREWSTER, JEFF DAVIS,>
4-39 PECOS, <PRESIDIO,> REAGAN, AND UPTON COUNTIES). (a) The 83rd
4-40 Judicial District is composed of <Brewster, Jeff Davis,> Pecos,
4-41 <Presidio,> Reagan, and Upton counties.
4-42 (b) The 83rd and 112th district courts have concurrent
4-43 jurisdiction in Pecos and Upton counties.
4-44 (c) The terms of the 83rd District Court begin:
4-45 (1) <in Brewster County on the fourth and 11th Mondays
4-46 after the first Mondays in January and July;>
4-47 <(2) in Jeff Davis County on the second Mondays in
4-48 January and July;>
4-49 <(3)> in Pecos County on the ninth Monday after the
4-50 first Mondays in January and July;
4-51 <(4) in Presidio County on the third Monday after the
4-52 first Mondays in January and July;>
4-53 (2) <(5)> in Reagan County on the 14th Monday after
4-54 the first Mondays in January and July; and
4-55 (3) <(6)> in Upton County on the 12th Monday after the
4-56 first Mondays in January and July.
4-57 (d) In each of the counties of Pecos and Upton, a petition
4-58 or other pleading filed in the district courts is sufficient if
4-59 addressed "To The District Court of Pecos County, Texas," or "To
4-60 The District Court of Upton County, Texas," respectively, without
4-61 giving the number of the district court in the address.
4-62 SECTION 4.03. Effective September 1, 1995, Section 24.389,
4-63 Government Code, is amended to read as follows:
4-64 Sec. 24.389. 210TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
4-65 COUNTY<, AND HUDSPETH COUNTIES>). (a) The 210th Judicial District
4-66 is composed of <Culberson,> El Paso County<, and Hudspeth
4-67 counties>.
4-68 (b) Section 24.136, relating to the 34th District Court,
4-69 contains provisions applicable to both that court and the 210th
4-70 District Court.
5-1 SECTION 4.04. Effective September 1, 1995, Subchapter C,
5-2 Chapter 24, Government Code, is amended by adding Section 24.531 to
5-3 read as follows:
5-4 Sec. 24.531. 386TH JUDICIAL DISTRICT (BREWSTER, CULBERSON,
5-5 HUDSPETH, JEFF DAVIS, AND PRESIDIO COUNTIES). The 386th Judicial
5-6 District is composed of Brewster, Culberson, Hudspeth, Jeff Davis,
5-7 and Presidio counties.
5-8 SECTION 4.05. Effective September 1, 1995, Subsections (a)
5-9 and (b), Section 43.120, Government Code, are amended to read as
5-10 follows:
5-11 (a) The voters of Culberson, Hudspeth, and El Paso counties
5-12 <the 34th Judicial District> elect a district attorney for the 34th
5-13 Judicial District.
5-14 (b) The district attorney for the 34th Judicial District
5-15 also acts as district attorney for the 41st, 65th, 120th, and 171st
5-16 judicial districts and the 386th Judicial District in Culberson and
5-17 Hudspeth counties and represents the state in all criminal cases
5-18 before every district court having jurisdiction in El Paso County.
5-19 SECTION 4.06. Effective September 1, 1995, Section 43.141,
5-20 Government Code, is amended to read as follows:
5-21 Sec. 43.141. 83RD JUDICIAL DISTRICT. (a) The voters of
5-22 Brewster, Jeff Davis, Pecos, Presidio, Reagan, and Upton counties
5-23 <the 83rd Judicial District> elect a district attorney for the 83rd
5-24 Judicial District.
5-25 (b) The district attorney for the 83rd district also acts as
5-26 district attorney for the 394th Judicial District in Brewster, Jeff
5-27 Davis, and Presidio counties.
5-28 SECTION 4.07. (a) not later than September 1, 1995, the
5-29 local administrative district judge shall transfer all cases from
5-30 Culberson and Hudspeth counties that are pending in the 34th and
5-31 210th district courts on the effective date of this Act to the
5-32 386th District Court.
5-33 (b) Not later than September 1, 1995, the local
5-34 administrative district judge shall transfer all cases from
5-35 Brewster, Jeff Davis, and Presidio counties that are pending in the
5-36 83rd District Court on the effective date of this Act to the 386th
5-37 District Court.
5-38 (c) When a case is transferred from one court to another as
5-39 provided by Subsections (a) and (b) of this section, all processes,
5-40 writs, bonds, recognizances, or other obligations issued from the
5-41 transferring court are returnable to the court to which the case is
5-42 transferred as if originally issued by that court. The obligees in
5-43 all bonds and recognizances taken in and for a court from which a
5-44 case is transferred and all witnesses summoned to appear in a court
5-45 from which a case is transferred are required to appear before the
5-46 court to which a case is transferred as if originally required to
5-47 appear before the court to which the transfer is made.
5-48 ARTICLE 5. DISTRICTS CREATED
5-49 SECTION 5.01. The 378th, 379th, 381st, 382nd, 383rd, 384th,
5-50 and 386th judicial districts are created September 1, 1995.
5-51 SECTION 5.02. The 380th Judicial District is created
5-52 September 1, 1996.
5-53 ARTICLE 6. EMERGENCY
5-54 SECTION 6.01. The importance of this legislation and the
5-55 crowded condition of the calendars in both houses create an
5-56 emergency and an imperative public necessity that the
5-57 constitutional rule requiring bills to be read on three several
5-58 days in each house be suspended, and this rule is hereby suspended,
5-59 and that this Act take effect and be in force from and after its
5-60 passage, and it is so enacted.
5-61 * * * * *