1-1 By: Thompson (Senate Sponsor - Whitmire) H.B. No. 3544
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the justice of the peace courts of Harris County.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 75.404, Government Code, is amended by
1-11 amending Subsection (e) and adding Subsections (g)-(k) to read as
1-12 follows:
1-13 (e) If a justice of the peace in Harris County is absent or
1-14 for any reason unable to preside, the presiding judge may appoint a
1-15 former justice of the peace or a former county court, statutory
1-16 county court, or district court judge who served as a judge in this
1-17 state and who consents to the appointment as a special judge to
1-18 preside for the justice of the peace. The presiding judge may
1-19 designate the duration of the appointment, not to exceed 60 days,
1-20 and may revoke an appointment at any time. The [qualifications,]
1-21 duties[,] and powers of a special judge are the same as for the
1-22 regular justice of the peace.
1-23 (g) The justices of the peace in Harris County may adopt
1-24 local rules:
1-25 (1) that are consistent with Chapter 45, Code of
1-26 Criminal Procedure, and Part V, Texas Rules of Civil Procedure, for
1-27 practice and procedure in the justice courts of Harris County; and
1-28 (2) for practice and procedure in the small claims
1-29 courts of Harris County.
1-30 (h) A local rule may be adopted only by the unanimous vote
1-31 of all 16 justices of the peace.
1-32 (i) A local rule may provide for assigning, docketing,
1-33 transferring, or hearing of a case.
1-34 (j) Notwithstanding other provisions of law regarding venue:
1-35 (1) a misdemeanor case to be tried in a justice court
1-36 of Harris County may be prosecuted, according to a local rule, in
1-37 any precinct in the county designated by the local rule; and
1-38 (2) a civil case, except a suit for forcible entry and
1-39 detainer or involving real property, may be brought, according to
1-40 local rule, in any precinct in the county designated by the local
1-41 rule.
1-42 (k) Each justice of the peace shall enter the local rules on
1-43 the minutes of the court. On request, a justice of the peace shall
1-44 provide a copy of the local rules to any interested person.
1-45 SECTION 2. This Act takes effect September 1, 1997, and
1-46 applies only to:
1-47 (1) the appointment of a special judge under Section
1-48 75.404, Government Code, on or after the effective date of this
1-49 Act; and
1-50 (2) the assignment, docketing, transferring, or
1-51 hearing of a case under Section 75.404, Government Code, on or
1-52 after the effective date of this Act.
1-53 SECTION 3. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *