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.
     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           _(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     -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