By Moncrief                                             S.B. No. 68

      75R571 MWV-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the priority given to the hearing of certain matters by

 1-3     trial courts.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 23.101(a), Government Code, is amended to

 1-6     read as follows:

 1-7           (a)  The trial courts of this state shall regularly and

 1-8     frequently set hearings and trials of pending matters, giving

 1-9     preference to hearings and trials of the following:

1-10                 (1)  temporary injunctions;

1-11                 (2)  criminal actions, [other than those listed by

1-12     Subdivision (7),] with the following actions given preference over

1-13     other criminal actions:

1-14                       (A)  criminal actions against defendants who are

1-15     detained in jail pending trial; [and]

1-16                       (B)  criminal actions involving a charge that a

1-17     person committed an act of family violence, as defined by Section

1-18     71.01, Family Code; and

1-19                       (C)  an offense under:

1-20                             (i)  Section 21.11, Penal Code;

1-21                             (ii)  Chapter 22, Penal Code, if the victim

1-22     of the alleged offense is younger than 17 years of age;

1-23                             (iii)  Section 25.02, Penal Code, if the

1-24     victim of the alleged offense is younger than 17 years of age; or

 2-1                             (iv)  Section 25.06, Penal Code;

 2-2                 (3)  election contests and suits under the Election

 2-3     Code;

 2-4                 (4)  orders for the protection of the family under

 2-5     Section 3.581, 71.11, or 71.12, Family Code;

 2-6                 (5)  appeals of final rulings and decisions of the

 2-7     Texas Workers' Compensation Commission and claims under the Federal

 2-8     Employers' Liability Act and the Jones Act; and

 2-9                 (6)  appeals of final orders of the commissioner of the

2-10     General Land Office under Section 51.3021, Natural Resources Code[;

2-11     and]

2-12                 [(7)  an offense under:]

2-13                       [(A)  Section 21.11, Penal Code;]

2-14                       [(B)  Chapter 22, Penal Code, if the victim of

2-15     the alleged offense is younger than 17 years of age;]

2-16                       [(C)  Section 25.02, Penal Code, if the victim of

2-17     the alleged offense is younger than 17 years of age; or]

2-18                       [(D)  Section 25.06, Penal Code].

2-19           SECTION 2.  This Act takes effect September 1, 1997.

2-20           SECTION 3.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.