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.

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