By Thompson                                           H.B. No. 3544

         75R5666 MWV-F                           

                                A BILL TO BE ENTITLED

 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 by a three-fourths majority

 2-1     vote of the 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.