Suspending limitations on conference committee
jurisdiction, H.B. No. 3235
By ____________________ S.R. No. ____
74R14400 MWV-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 74th
1-2 Legislature, Regular Session, 1995, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08, to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 3235 to consider and take action on the following specific
1-6 matters:
1-7 (1) Senate Rule 12.03(3) is suspended to permit the
1-8 committee to amend Section 24.136, Government Code, to read as
1-9 follows:
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
2-1 in El Paso County except the 34th District Court unless the judge
2-2 of another district court in the county calls for a grand jury by
2-3 special order.
2-4 Explanation: This change is necessary to provide timely and
2-5 efficient judicial services to residents of Texas by redefining the
2-6 boundaries of the 34th Judicial District.
2-7 (2) Senate Rule 12.03(3) is suspended to permit the
2-8 committee to amend Section 24.185, Government Code, to read as
2-9 follows:
2-10 Sec. 24.185. 83RD JUDICIAL DISTRICT (<BREWSTER, JEFF DAVIS,>
2-11 PECOS, <PRESIDIO,> REAGAN, AND UPTON COUNTIES). (a) The 83rd
2-12 Judicial District is composed of <Brewster, Jeff Davis,> Pecos,
2-13 <Presidio,> Reagan, and Upton counties.
2-14 (b) The 83rd and 112th district courts have concurrent
2-15 jurisdiction in Pecos, Reagan, and Upton counties.
2-16 (c) The terms of the 83rd District Court begin:
2-17 (1) <in Brewster County on the fourth and 11th Mondays
2-18 after the first Mondays in January and July;>
2-19 <(2) in Jeff Davis County on the second Mondays in
2-20 January and July;>
2-21 <(3)> in Pecos County on the ninth Monday after the
2-22 first Mondays in January and July;
2-23 <(4) in Presidio County on the third Monday after the
2-24 first Mondays in January and July;>
2-25 (2) <(5)> in Reagan County on the 14th Monday after
2-26 the first Mondays in January and July; and
2-27 (3) <(6)> in Upton County on the 12th Monday after the
3-1 first Mondays in January and July.
3-2 (d) In each of the counties of Pecos and Upton, a petition
3-3 or other pleading filed in the district courts is sufficient if
3-4 addressed "To The District Court of Pecos County, Texas," or "To
3-5 The District Court of Upton County, Texas," respectively, without
3-6 giving the number of the district court in the address.
3-7 (e) The secretary of state shall submit the changes made to
3-8 this section by H.B. 3235 of the 74th Legislature, Regular Session,
3-9 to the U.S. Justice Department for preclearance under Section 5 of
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) Senate Rule 12.03(3) is suspended to permit the
3-20 committee to amend Section 24.389, Government Code, to read as
3-21 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,
3-27 contains provisions applicable to both that court and the 210th
4-1 District Court.
4-2 Explanation: This change is necessary to provide timely and
4-3 efficient judicial services to residents of Texas by redefining the
4-4 boundaries of the 210th Judicial District.
4-5 (4) Senate Rule 12.03(3) is suspended to permit the
4-6 committee to amend Subchapter C, Chapter 24, Government Code, by
4-7 adding Section 24.523(b) to read as follows:
4-8 (b) A judge of the 378th Judicial District may not be
4-9 assigned under Chapter 74 to serve as a visiting judge in Bexar,
4-10 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
4-11 Tarrant, or Travis County.
4-12 Explanation: This change is necessary to prohibit assignment
4-13 of the judge as a visiting judge to certain counties.
4-14 (5) Senate Rule 12.03(3) is suspended to permit the
4-15 committee to amend Subchapter C, Chapter 24, Government Code, by
4-16 adding Section 24.525(b) to read as follows:
4-17 (b) A judge of the 380th Judicial District may not be
4-18 assigned under Chapter 74 to serve as a visiting judge in Bexar,
4-19 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
4-20 Tarrant, or Travis County.
4-21 Explanation: This change is necessary to prohibit assignment
4-22 of the judge as a visiting judge to certain counties.
4-23 (6) Senate Rule 12.03(3) is suspended to permit the
4-24 committee to amend Subchapter C, Chapter 24, Government Code, by
4-25 adding Section 24.526(b) to read as follows:
4-26 (b) A judge of the 381st Judicial District may not be
4-27 assigned under Chapter 74 to serve as a visiting judge in Bexar,
5-1 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
5-2 Tarrant, or Travis County.
5-3 Explanation: This change is necessary to prohibit assignment
5-4 of the judge as a visiting judge to certain counties.
5-5 (7) Senate Rule 12.03(3) is suspended to permit the
5-6 committee to amend Subchapter C, Chapter 24, Government Code, by
5-7 adding Section 24.527(b) to read as follows:
5-8 (b) A judge of the 382nd Judicial District may not be
5-9 assigned under Chapter 74 to serve as a visiting judge in Bexar,
5-10 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
5-11 Tarrant, or Travis County.
5-12 Explanation: This change is necessary to prohibit assignment
5-13 of the judge as a visiting judge to certain counties.
5-14 (8) Senate Rule 12.03(3) is suspended to permit the
5-15 committee to amend Subchapter C, Chapter 24, Government Code, by
5-16 adding Sections 24.528(b) and (c) to read as follows:
5-17 (b) A judge of the 383rd Judicial District may not be
5-18 assigned under Chapter 74 to serve as a visiting judge in Bexar,
5-19 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
5-20 Tarrant, or Travis County.
5-21 (c) The secretary of state shall submit the changes made to
5-22 this section by H.B. 3235 of the 74th Legislature, Regular Session,
5-23 to the U.S. Justice Department for preclearance under Section 5 of
5-24 the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section
5-25 1973 et seq.). The changes made to this section by H.B. 3235 of
5-26 the 74th Legislature, Regular Session, become inoperative if the
5-27 U.S. Justice Department files a timely objection pursuant to
6-1 Section 5 of the Voting Rights Act of 1965 as amended.
6-2 Explanation: This change is necessary to prohibit assignment
6-3 of the judge as a visiting judge to certain counties and to assure
6-4 compliance with the federal Voting Rights Act.
6-5 (9) Senate Rule 12.03(3) is suspended to permit the
6-6 committee to amend Subchapter C, Chapter 24, Government Code, by
6-7 adding Sections 24.529(b) and (c) to read as follows:
6-8 (b) A judge of the 384th Judicial District may not be
6-9 assigned under Chapter 74 to serve as a visiting judge in Bexar,
6-10 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
6-11 Tarrant, or Travis County.
6-12 (c) The secretary of state shall submit the changes made to
6-13 this section by H.B. 3235 of the 74th Legislature, Regular Session,
6-14 to the U.S. Justice Department for preclearance under Section 5 of
6-15 the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section
6-16 1973 et seq.). The changes made to this section by H.B. 3235 of
6-17 the 74th Legislature, Regular Session, become inoperative if the
6-18 U.S. Justice Department files a timely objection pursuant to
6-19 Section 5 of the Voting Rights Act of 1965 as amended.
6-20 Explanation: This change is necessary to prohibit assignment
6-21 of the judge as a visiting judge to certain counties and to assure
6-22 compliance with the federal Voting Rights Act.
6-23 (10) Senate Rule 12.03(3) is suspended to permit the
6-24 committee to amend Subchapter C, Chapter 24, Government Code, by
6-25 adding Section 24.539 to read as follows:
6-26 Sec. 24.539. 394TH JUDICIAL DISTRICT (BREWSTER, CULBERSON,
6-27 HUDSPETH, JEFF DAVIS, AND PRESIDIO COUNTIES). (a) The 394th
7-1 Judicial District is composed of Brewster, Culberson, Hudspeth,
7-2 Jeff Davis, and Presidio counties.
7-3 (b) The terms of the 394th District Court begin:
7-4 (1) in Brewster County on the first Monday in March
7-5 and the third Monday in September;
7-6 (2) in Culberson County on the third Monday in October
7-7 and the first Monday in April;
7-8 (3) in Hudspeth County on the third Monday in March
7-9 and the first Monday in September;
7-10 (4) in Jeff Davis County on the second Mondays in
7-11 January and July; and
7-12 (5) in Presidio County on the third Monday after the
7-13 first Mondays in January and July.
7-14 (c) A judge of the 394th Judicial District may not be
7-15 assigned under Chapter 74 to serve as a visiting judge in Bexar,
7-16 Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
7-17 Tarrant, or Travis County.
7-18 Explanation: This change is necessary to provide timely and
7-19 efficient judicial services to residents of Texas by creating the
7-20 394th Judicial District. This change is also necessary to prohibit
7-21 assignment of the judge as a visiting judge to certain counties.
7-22 (11) Senate Rule 12.03(3) is suspended to permit the
7-23 committee to amend Sections 43.120(a) and (b), Government Code, to
7-24 read as follows:
7-25 (a) The voters of Culberson, Hudspeth, and El Paso counties
7-26 <the 34th Judicial District> elect a district attorney for the 34th
7-27 Judicial District.
8-1 (b) The district attorney for the 34th Judicial District
8-2 also acts as district attorney for the 41st, 65th, 120th, and 171st
8-3 judicial districts, the 394th Judicial District in Culberson and
8-4 Hudspeth counties, and represents the state in all criminal cases
8-5 before every district court having jurisdiction in El Paso County.
8-6 Explanation: This change is necessary to provide timely and
8-7 efficient judicial services to residents of Texas by providing for
8-8 the election and duties of the district attorney for the 34th
8-9 Judicial District.
8-10 (12) Senate Rule 12.03(3) is suspended to permit the
8-11 committee to amend Section 43.141, Government Code, to read as
8-12 follows:
8-13 Sec. 43.141. 83RD JUDICIAL DISTRICT. (a) The voters of
8-14 Brewster, Jeff Davis, Pecos, Presidio, Reagan, and Upton counties
8-15 <the 83rd Judicial District> elect a district attorney for the 83rd
8-16 Judicial District.
8-17 (b) The district attorney for the 83rd district also acts as
8-18 district attorney for the 394th Judicial District in Brewster, Jeff
8-19 Davis, and Presidio counties.
8-20 Explanation: This change is necessary to provide timely and
8-21 efficient judicial services to residents of Texas by providing for
8-22 the election and duties of the district attorney for the 83rd
8-23 Judicial District.
8-24 (13) Senate Rule 12.03(3) is suspended to permit the
8-25 committee to add transition provisions to House Bill No. 3235 to
8-26 read as follows:
8-27 SECTION __. (a) The local administrative district judge
9-1 shall transfer all cases from Culberson and Hudspeth counties that
9-2 are pending in the 34th and 210th district courts on the effective
9-3 date of this Act to the 394th District Court.
9-4 (b) The local administrative district judge shall transfer
9-5 all cases from Brewster, Jeff Davis, and Presidio counties that are
9-6 pending in the 83rd District Court on the effective date of this
9-7 Act to the 394th District Court.
9-8 (c) When a case is transferred from one court to another as
9-9 provided by Subsections (a) and (b) of this section, all processes,
9-10 writs, bonds, recognizances, or other obligations issued from the
9-11 transferring court are returnable to the court to which the case is
9-12 transferred as if originally issued by that court. The obligees in
9-13 all bonds and recognizances taken in and for a court from which a
9-14 case is transferred, and all witnesses summoned to appear in a
9-15 court from which a case is transferred, are required to appear
9-16 before the court to which a case is transferred as if originally
9-17 required to appear before the court to which the transfer is made.
9-18 Explanation: This change is necessary to provide timely and
9-19 efficient judicial services to residents of Texas by providing
9-20 additional necessary transition provisions for House Bill No. 3235.
9-21 ¯BEGCAPTIONÆ
9-22 Suspending limitations on conference committee jurisdiction, H.B.
9-23 No. 3235
9-24 ¯ENDCAPTIONÆ