PMWJ C.S.S.B. 20 75(R)    BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 20
By: Ratliff (Thompson et al.)
C.S.S.B. 20
By: Thompson
4-30-97
Committee Report (Substituted)

 
BACKGROUND 

 Since LULAC v. Clements (challenging Texas' method of electing district
judges in nine Texas counties) was first decided in federal trial court,
the Legislature has not approved any new district courts in urban counties
with significant minority populations.  Many of these urban areas have
experienced tremendous growth in populations served, caseload or docket
backlogs. 
 In addition, amendments to the Texas Constitution required the
Legislature to reapportion judicial districts in 1993.  While this was not
done by the Legislature or the Legislative Redistricting Board as
required, some recommended changes were codified in 1995. 


PURPOSE

 This bill creates twelve new urban district courts.  In addition, this
bill reapportions the 20th and 82nd judicial districts to make changes
recommended in 1993 by the Committee on Judicial Affairs. 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1, effective September 1, 1997,  adds new Sections 24.524,
24.538, 24.540 and 24.541 to the Government Code. 
 New Sec. 24.524 creates the 379th Judicial District composed of Bexar
County which shall give preference to criminal cases. 
 New Sec. 24.538 creates the 393rd Judicial District composed of Bexar
County which shall give preference to juvenile matters. 
 New Sec. 24.540 creates the 395th Judicial District composed of Fort Bend
County to give preference to civil matters. 
 New Sec. 24.541 creates the 396th Judicial District composed of Tarrant
County to give preference to criminal cases. 

 SECTION 2, effective January 1, 1999, adds Sections 24.542 through 24.549
to the Government Code. 
 New Sec. 24.542 creates the 397th Judicial District composed of Harris
County to give preference to juvenile matters. 
 New Sec. 24.543 creates the 398th Judicial District composed of Galveston
County to give preference to cases under the Family Code. 
 New Sec. 24.544 creates the 399th Judicial District composed of Travis
County. 
 New Sec. 24.545 creates the 400th Judicial District composed of Nueces
County to give preference to juvenile matters. 
 New Sec. 24.546 creates the 401st Judicial District composed of Tom Green
County. 
  New Sec. 24.547 creates the 402nd Judicial District composed of Webb
County to give preference cases involving family violence and cases under
the Family Code. 
 New Sec. 24.548 creates the 403rd Judicial District composed of Fort Bend
County to give preference to cases under the Family Code. 
 New Sec. 24.549 creates the 404th Judicial District composed of Cameron
County to give preference to juvenile matters. 

 SECTION 3, effective January 1, 2001, amends Section 24.121 of the
Government Code to add Falls and Robertson counties to Milam County in the
20th Judicial District and to change the terms of the court to twice a
year instead of three times a year. 

 SECTION 4, effective January 1, 1999, amends Section 24.184 of the
Government Code to add Milam County to Robertson and Falls counties in the
82nd Judicial District. 

 SECTION 5 provides that the initial vacancies in the offices created by
Section 2 of this bill shall be filled by election and exist for the
purposes of the primary and general elections in 1998. Thereafter,
vacancies are to be filled as provided by the Texas Constitution. 

 SECTION 6.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

 Section 1 of the original bill created five new district courts in Bexar
County, three new courts in Travis County, and one new court each in Fort
Bend, El Paso and Cameron counties.  None of the new courts gave
preference to any type of case in the original.  Section 1 in the
substitute creates two new district courts in Bexar County, and one each
in Fort Bend and Tarrant counties, and specifies the preferences that each
court shall give. 
 Sections 2 through 5 in the substitute were not in the original bill.
 Section 6 in the substitute was Section 2 in the original bill.