1-1     By:  Moncrief                                           S.B. No. 68

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     April 9, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; April 9, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the priority given to the hearing of certain matters by

 1-9     trial courts.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subsection (a), Section 23.101, Government Code,

1-12     is amended to read as follows:

1-13           (a)  The trial courts of this state shall regularly and

1-14     frequently set hearings and trials of pending matters, giving

1-15     preference to hearings and trials of the following:

1-16                 (1)  temporary injunctions;

1-17                 (2)  criminal actions, [other than those listed by

1-18     Subdivision (7),] with the following actions given preference over

1-19     other criminal actions:

1-20                       (A)  criminal actions against defendants who are

1-21     detained in jail pending trial; [and]

1-22                       (B)  criminal actions involving a charge that a

1-23     person committed an act of family violence, as defined by Section

1-24     71.01, Family Code; and

1-25                       (C)  an offense under:

1-26                             (i)  Section 21.11, Penal Code;

1-27                             (ii)  Chapter 22, Penal Code, if the victim

1-28     of the alleged offense is younger than 17 years of age;

1-29                             (iii)  Section 25.02, Penal Code, if the

1-30     victim of the alleged offense is younger than 17 years of age; or

1-31                             (iv)  Section 25.06, Penal Code;

1-32                 (3)  election contests and suits under the Election

1-33     Code;

1-34                 (4)  orders for the protection of the family under

1-35     Section 3.581, 71.11, or 71.12, Family Code;

1-36                 (5)  appeals of final rulings and decisions of the

1-37     Texas Workers' Compensation Commission and claims under the Federal

1-38     Employers' Liability Act and the Jones Act; and

1-39                 (6)  appeals of final orders of the commissioner of the

1-40     General Land Office under Section 51.3021, Natural Resources Code[;

1-41     and]

1-42                 [(7)  an offense under:]

1-43                       [(A)  Section 21.11, Penal Code;]

1-44                       [(B)  Chapter 22, Penal Code, if the victim of

1-45     the alleged offense is younger than 17 years of age;]

1-46                       [(C)  Section 25.02, Penal Code, if the victim of

1-47     the alleged offense is younger than 17 years of age; or]

1-48                       [(D)  Section 25.06, Penal Code].

1-49           SECTION 2.  This Act takes effect September 1, 1997.

1-50           SECTION 3.  The importance of this legislation and the

1-51     crowded condition of the calendars in both houses create an

1-52     emergency and an imperative public necessity that the

1-53     constitutional rule requiring bills to be read on three several

1-54     days in each house be suspended, and this rule is hereby suspended.

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