1-1 AN ACT
1-2 relating to the justice of the peace courts of Harris County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 75.404, Government Code, is amended by
1-5 amending Subsection (e) and adding Subsections (g)-(k) to read as
1-6 follows:
1-7 (e) If a justice of the peace in Harris County is absent or
1-8 for any reason unable to preside, the presiding judge may appoint a
1-9 former justice of the peace or a former county court, statutory
1-10 county court, or district court judge who served as a judge in this
1-11 state and who consents to the appointment as a special judge to
1-12 preside for the justice of the peace. The presiding judge may
1-13 designate the duration of the appointment, not to exceed 60 days,
1-14 and may revoke an appointment at any time. The [qualifications,]
1-15 duties[,] and powers of a special judge are the same as for the
1-16 regular justice of the peace.
1-17 (g) The justices of the peace in Harris County may adopt
1-18 local rules:
1-19 (1) that are consistent with Chapter 45, Code of
1-20 Criminal Procedure, and Part V, Texas Rules of Civil Procedure, for
1-21 practice and procedure in the justice courts of Harris County; and
1-22 (2) for practice and procedure in the small claims
1-23 courts of Harris County.
1-24 (h) A local rule may be adopted only by the unanimous vote
2-1 of all 16 justices of the peace.
2-2 (i) A local rule may provide for assigning, docketing,
2-3 transferring, or hearing of a case.
2-4 (j) Notwithstanding other provisions of law regarding venue:
2-5 (1) a misdemeanor case to be tried in a justice court
2-6 of Harris County may be prosecuted, according to a local rule, in
2-7 any precinct in the county designated by the local rule; and
2-8 (2) a civil case, except a suit for forcible entry and
2-9 detainer or involving real property, may be brought, according to
2-10 local rule, in any precinct in the county designated by the local
2-11 rule.
2-12 (k) Each justice of the peace shall enter the local rules on
2-13 the minutes of the court. On request, a justice of the peace shall
2-14 provide a copy of the local rules to any interested person.
2-15 SECTION 2. This Act takes effect September 1, 1997, and
2-16 applies only to:
2-17 (1) the appointment of a special judge under Section
2-18 75.404, Government Code, on or after the effective date of this
2-19 Act; and
2-20 (2) the assignment, docketing, transferring, or
2-21 hearing of a case under Section 75.404, Government Code, on or
2-22 after the effective date of this Act.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3544 was passed by the House on May
16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3544 was passed by the Senate on May
21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor