By Zaffirini                                     S.B. No. 818

      75R5851 MWV-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain courts in Webb County.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter C, Chapter 24, Government Code, is

 1-5     amended by adding Section 24.543 to read as follows:

 1-6           Sec. 24.543.  398TH JUDICIAL DISTRICT (WEBB COUNTY).

 1-7     (a)  The 398th Judicial District is composed of Webb County.

 1-8           (b)  The 398th District Court shall give preference to cases

 1-9     involving family violence and cases under the Family Code.

1-10           (c)  In addition to other jurisdiction provided by law, the

1-11     398th District Court has:

1-12                 (1)  the civil and criminal jurisdiction, including

1-13     probate and mental health jurisdiction, of a county court; and

1-14                 (2)  concurrent jurisdiction with County Court at Law

1-15     No. 1 of Webb County in probate and ancillary matters relating to

1-16     the Texas Probate Code and the Health and Safety Code.

1-17           (d)  All cases in the 398th District Court must be filed with

1-18     the county clerk.

1-19           SECTION 2.  Section 25.2421, Government Code, is amended to

1-20     read as follows:

1-21           Sec. 25.2421.  WEBB COUNTY.  (a)  Webb County has one [the

1-22     following] statutory county court, [courts:]

1-23                 [(1)]  the County Court at Law No. 1 of Webb County[;

1-24     and]

 2-1                 [(2)  the County Court at Law No. 2 of Webb County].

 2-2           (b)  The County Court at Law No. 1 [county courts at law] of

 2-3     Webb County sits [sit] in Laredo.

 2-4           SECTION 3.  Section 25.2422(a), Government Code, is amended

 2-5     to read as follows:

 2-6           (a)  In addition to the jurisdiction provided by Section

 2-7     25.0003 and other law, a county court at law in Webb County has:

 2-8                 (1)  concurrent jurisdiction with the district court

 2-9     in:

2-10                       (A) [(1)]  family law cases and proceedings;

2-11                       (B) [(2)]  cases and proceedings involving

2-12     justiciable controversies and differences between spouses, or

2-13     between parents, or between parent and child, or between any of

2-14     these and third persons; and

2-15                       (C) [(3)]  proceedings to expunge a criminal

2-16     arrest record under Chapter 55, Code of Criminal Procedure; and

2-17                 (2)  primary and ancillary jurisdiction for all matters

2-18     relating to the Texas Probate Code.

2-19           SECTION 4.  The 398th Judicial District is created January 1,

2-20     1999.

2-21           SECTION 5.  The initial vacancy in the office of judge of the

2-22     398th District Court shall be filled by election.  The office

2-23     exists for purposes of the primary and general elections in 1998.

2-24     A vacancy after the initial vacancy is filled as provided by

2-25     Section 28, Article V, Texas Constitution.

2-26           SECTION 6.  All cases filed with the County Court at Law No.

2-27     2 of Webb County on or after January 1, 1993, are transferred to

 3-1     the 398th District Court.

 3-2           SECTION 7.  Sections 1-3 and 6 of this Act take effect

 3-3     January 1, 1999.

 3-4           SECTION 8.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.