1-1 By: Goodman, et al. (Senate Sponsor - Moncrief) H.B. No. 1916
1-2 (In the Senate - Received from the House April 3, 1997;
1-3 April 8, 1997, read first time and referred to Committee on
1-4 Jurisprudence; April 30, 1997, reported favorably, as amended, by
1-5 the following vote: Yeas 7, Nays 0; April 30, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Duncan
1-8 Amend HB 1916 as follows:
1-9 On page 1, lines 41-42, strike:
1-10 "The County Criminal Courts Nos. 3, 4, 5, and 6 of Tarrant County
1-11 also have"
1-12 and insert in lieu thereof
1-13 "The County Criminal Court No. 5 of Tarrant County also has"
1-14 A BILL TO BE ENTITLED
1-15 AN ACT
1-16 relating to county criminal courts in Tarrant County.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 SECTION 1. Section 25.2221(b), Government Code, is amended
1-19 to read as follows:
1-20 (b) Tarrant County has the following county criminal courts:
1-21 (1) County Criminal Court No. 1 of Tarrant County;
1-22 (2) County Criminal Court No. 2 of Tarrant County;
1-23 (3) County Criminal Court No. 3 of Tarrant County;
1-24 (4) County Criminal Court No. 4 of Tarrant County;
1-25 (5) County Criminal Court No. 5 of Tarrant County;
1-26 (6) County Criminal Court No. 6 of Tarrant County;
1-27 (7) [(6)] County Criminal Court No. 7 of Tarrant
1-28 County;
1-29 (8) [(7)] County Criminal Court No. 8 of Tarrant
1-30 County;
1-31 (9) [(8)] County Criminal Court No. 9 of Tarrant
1-32 County; and
1-33 (10) [(9)] County Criminal Court No. 10 of Tarrant
1-34 County.
1-35 SECTION 2. Section 25.2223, Government Code, is amended by
1-36 amending Subsection (a) and adding Subsection (l) to read as
1-37 follows:
1-38 (a) A county criminal court in Tarrant County has
1-39 jurisdiction over all criminal matters and causes, original and
1-40 appellate, prescribed by law for county courts, but does not have
1-41 civil jurisdiction. The County Criminal Courts Nos. 3, 4, 5, and 6
1-42 of Tarrant County also have concurrent jurisdiction within the
1-43 county of all appeals from criminal convictions under the laws of
1-44 this state and the municipal ordinances of the municipalities
1-45 located in Tarrant County that are appealed from the justice courts
1-46 and municipal courts in the county. The County Criminal Courts
1-47 Nos. 5, 7, 8, 9, and 10 of Tarrant County also have concurrent
1-48 jurisdiction with the district court in felony cases to conduct
1-49 arraignments, conduct pretrial hearings, and accept guilty pleas.
1-50 (l) The County Criminal Court No. 5 of Tarrant County shall
1-51 give preference to cases brought under Title 5, Penal Code,
1-52 involving family violence as defined by Section 71.01, Family Code,
1-53 and cases brought under Sections 25.07 and 42.072, Penal Code.
1-54 SECTION 3. Sections 25.2221(d) and 25.2225, Government Code,
1-55 are repealed.
1-56 SECTION 4. (a) The County Criminal Court of Appeals of
1-57 Tarrant County is redesignated as the County Criminal Court No. 5
1-58 of Tarrant County.
1-59 (b) The judge of the County Criminal Court of Appeals of
1-60 Tarrant County shall fill the initial vacancy in the office of
1-61 judge of the County Criminal Court No. 5 of Tarrant County. Unless
1-62 otherwise removed, the judge serves until December 31, 1998, and
1-63 until the judge's successor is elected and has qualified. In the
1-64 1998 general election and every four years thereafter, the
2-1 qualified voters of the county shall elect a judge of the County
2-2 Criminal Court No. 5 of Tarrant County for a regular term of four
2-3 years.
2-4 SECTION 5. Notwithstanding Section 25.2223(c), Government
2-5 Code, the initial term of the County Criminal Court No. 5 of
2-6 Tarrant County ends December 31, 1998. The commissioners court
2-7 shall determine terms after the initial term as provided by Section
2-8 25.2223(c), Government Code.
2-9 SECTION 6. This Act takes effect September 1, 1997.
2-10 SECTION 7. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
2-15 * * * * *