By: Henderson S.R. No. 1299
1-10 Sec. 24.136. 34TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
1-11 COUNTY<, AND HUDSPETH COUNTIES>). (a) The 34th Judicial District
1-12 is composed of <Culberson,> El Paso County<, and Hudspeth
1-13 counties>.
1-14 (b) In El Paso County, the 34th, 41st, 65th, 120th, and
1-15 171st district courts have concurrent jurisdiction.
1-16 (c) The terms of the 34th District Court begin<:>
1-17 <(1) in Culberson County on the third Monday in
1-18 October and the first Monday in April;>
1-19 <(2) in El Paso County> on the third Mondays in April
1-20 and September and the first Mondays in January, July, and
1-21 November<; and>
1-22 <(3) in Hudspeth County on the third Monday in March
1-23 and the first Monday in September>.
1-24 (d) A grand jury may not be impaneled in any district court
1-25 in El Paso County except the 34th District Court unless the judge
2-10 PECOS, <PRESIDIO,> REAGAN, AND UPTON COUNTIES). (a) The 83rd
2-11 Judicial District is composed of <Brewster, Jeff Davis,> Pecos,
2-12 <Presidio,> Reagan, and Upton counties.
2-13 (b) The 83rd and 112th district courts have concurrent
2-14 jurisdiction in Pecos, Reagan, and Upton counties.
2-15 (c) The terms of the 83rd District Court begin:
2-16 (1) <in Brewster County on the fourth and 11th Mondays
2-17 after the first Mondays in January and July;>
2-18 <(2) in Jeff Davis County on the second Mondays in
2-19 January and July;>
2-20 <(3)> in Pecos County on the ninth Monday after the
2-21 first Mondays in January and July;
2-22 <(4) in Presidio County on the third Monday after the
2-23 first Mondays in January and July;>
2-24 (2) <(5)> in Reagan County on the 14th Monday after
2-25 the first Mondays in January and July; and
2-26 (3) <(6)> in Upton County on the 12th Monday after the
3-10 the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section
3-11 1973 et seq.). The changes made to this section by H.B. 3235 of
3-12 the 74th Legislature, Regular Session, become inoperative if the
3-13 U.S. Justice Department files a timely objection pursuant to
3-14 Section 5 of the Voting Rights Act of 1965 as amended.ää
3-15 Explanation: This change is necessary to provide timely and
3-16 efficient judicial services to residents of Texas by redefining the
3-17 boundaries of the 83rd Judicial District. This change is also
3-18 necessary to assure compliance with the Voting Rights Act.
3-19 (3) Subdivision (3), Senate Rule 12.03, is suspended to
3-20 permit the committee to amend Section 24.389, Government Code, to
3-21 read as follows:
3-22 Sec. 24.389. 210TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
3-23 COUNTY<, AND HUDSPETH COUNTIES>). (a) The 210th Judicial District
3-24 is composed of <Culberson,> El Paso County<, and Hudspeth
3-25 counties>.
3-26 (b) Section 24.136, relating to the 34th District Court,
4-10 (b) A judge of the 378th Judicial District may not be
4-11 assigned under Chapter 74 to serve as a visiting judge in Bexar,
4-12 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
4-13 Tarrant, or Travis County.
4-14 Explanation: This change is necessary to prohibit assignment
4-15 of the judge as a visiting judge to certain counties.
4-16 (5) Subdivision (3), Senate Rule 12.03, is suspended to
4-17 permit the committee to amend Subchapter C, Chapter 24, Government
4-18 Code, by adding Subsection (b) to Section 24.525 to read as
4-19 follows:
4-20 (b) A judge of the 380th Judicial District may not be
4-21 assigned under Chapter 74 to serve as a visiting judge in Bexar,
4-22 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
4-23 Tarrant, or Travis County.
4-24 Explanation: This change is necessary to prohibit assignment
4-25 of the judge as a visiting judge to certain counties.
4-26 (6) Subdivision (3), Senate Rule 12.03, is suspended to
5-10 (7) Subdivision (3), Senate Rule 12.03, is suspended to
5-11 permit the committee to amend Subchapter C, Chapter 24, Government
5-12 Code, by adding Subsection (b) to Section 24.527 to read as
5-13 follows:
5-14 (b) A judge of the 382nd Judicial District may not be
5-15 assigned under Chapter 74 to serve as a visiting judge in Bexar,
5-16 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
5-17 Tarrant, or Travis County.
5-18 Explanation: This change is necessary to prohibit assignment
5-19 of the judge as a visiting judge to certain counties.
5-20 (8) Subdivision (3), Senate Rule 12.03, is suspended to
5-21 permit the committee to amend Subchapter C, Chapter 24, Government
5-22 Code, by adding Subsections (b) and (c) to Section 24.528 to read
5-23 as follows:
5-24 (b) A judge of the 383rd Judicial District may not be
5-25 assigned under Chapter 74 to serve as a visiting judge in Bexar,
5-26 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
6-10 Explanation: This change is necessary to prohibit assignment
6-11 of the judge as a visiting judge to certain counties and to assure
6-12 compliance with the federal Voting Rights Act.
6-13 (9) Subdivision (3), Senate Rule 12.03, is suspended to
6-14 permit the committee to amend Subchapter C, Chapter 24, Government
6-15 Code, by adding Subsections (b) and (c) to Section 24.529 to read
6-16 as follows:
6-17 þ_(b) A judge of the 384th Judicial District may not be
6-18 assigned under Chapter 74 to serve as a visiting judge in Bexar,
6-19 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
6-20 Tarrant, or Travis County.
6-21 (c) The secretary of state shall submit the changes made to
6-22 this section by H.B. 3235 of the 74th Legislature, Regular Session,
6-23 to the U.S. Justice Department for preclearance under Section 5 of
6-24 the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section
6-25 1973 et seq.). The changes made to this section by H.B. 3235 of
6-26 the 74th Legislature, Regular Session, become inoperative if the
7-10 HUDSPETH, JEFF DAVIS, AND PRESIDIO COUNTIES). (a) The 394th
7-11 Judicial District is composed of Brewster, Culberson, Hudspeth,
7-12 Jeff Davis, and Presidio counties.
7-13 (b) The terms of the 394th District Court begin:
7-14 (1) in Brewster County on the first Monday in March
7-15 and the third Monday in September;
7-16 (2) in Culberson County on the third Monday in October
7-17 and the first Monday in April;
7-18 (3) in Hudspeth County on the third Monday in March
7-19 and the first Monday in September;
7-20 (4) in Jeff Davis County on the second Mondays in
7-21 January and July; and
7-22 (5) in Presidio County on the third Monday after the
7-23 first Mondays in January and July.
7-24 (c) A judge of the 394th Judicial District may not be
7-25 assigned under Chapter 74 to serve as a visiting judge in Bexar,
7-26 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
8-10 <the 34th Judicial District elect a district attorney for the 34th
8-11 Judicial District.
8-12 (b) The district attorney for the 34th Judicial District
8-13 also acts as district attorney for the 41st, 65th, 120th, and 171st
8-14 judicial districts, the 394th Judicial District in Culberson and
8-15 Hudspeth counties, and represents the state in all criminal cases
8-16 before every district court having jurisdiction in El Paso County.
8-17 Explanation: This change is necessary to provide timely and
8-18 efficient judicial services to residents of Texas by providing for
8-19 the election and duties of the district attorney for the 34th
8-20 Judicial District.
8-21 (12) Subdivision (3), Senate Rule 12.03, is suspended to
8-22 permit the committee to amend Section 43.141, Government Code, to
8-23 read as follows:
8-24 Sec. 43.141. 83RD JUDICIAL DISTRICT. (a) The voters of
8-25 Brewster, Jeff Davis, Pecos, Presidio, Reagan, and Upton counties
8-26 þ-the 83rd Judicial District> elect a district attorney for the 83rd
9-10 permit the committee to add transition provisions to H. B. No. 3235
9-11 to read as follows:
9-12 SECTION __. (a) The local administrative district judge
9-13 shall transfer all cases from Culberson and Hudspeth counties that
9-14 are pending in the 34th and 210th district courts on the effective
9-15 date of this Act to the 394th District Court.
9-16 (b) The local administrative district judge shall transfer
9-17 all cases from Brewster, Jeff Davis, and Presidio counties that are
9-18 pending in the 83rd District Court on the effective date of this
9-19 Act to the 394th District Court.
9-20 (c) When a case is transferred from one court to another as
9-21 provided by Subsections (a) and (b) of this section, all processes,
9-22 writs, bonds, recognizances, or other obligations issued from the
9-23 transferring court are returnable to the court to which the case is
9-24 transferred as if originally issued by that court. The obligees in
9-25 all bonds and recognizances taken in and for a court from which a
9-26 case is transferred, and all witnesses summoned to appear in a
10-10 Resolution was adopted by the Senate
10-11 on May 27, 1995, by the following
10-12 vote: Yeas 31, Nays 0.
10-13 ______________________________________
10-14 Secretary of the Senate