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.
1-55 * * * * *