SRC-ARR H.B. 400 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 400
By: Thompson (Ellis)
Jurisprudence
5/6/1999
Engrossed


DIGEST 

With the exception of El Paso County, no new district courts have been
created in urban counties since 1989, while voting rights cases challenging
the at-large election of district judges in Texas' large urban counties
were being heard in the courts. The 75th Texas Legislature passed
legislation creating 15 new courts, nearly all in urban areas, but the bill
was vetoed by the governor. H.B. 400 would create new district courts, all
of which are located in counties with a caseload in excess of the statewide
average.  

PURPOSE

As proposed, H.B. 400 creates certain district courts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 24C, Government Code, effective September 1,
1999, by adding Section 24.524, 24.531, 24.533, as follows: 

Sec. 24.524. 379TH JUDICIAL DISTRICT (HARRIS COUNTY). Provides that the
379th Judicial District is composed of Harris County. Requires the 379th
District Court to give preference to juvenile matters.  

Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY). Provides that the
386th Judicial District is composed of Bexar County. Requires the 386th
District Court to give preference to juvenile matters.  

Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO). Provides that the 388th
Judicial District is composed of El Paso County. Requires the 388th
District Court to give preference to family law matters. 

SECTION 2. Amends Chapter 24C, Government Code, effective September 1,
1999, by adding Section 24.532, as follows: 

Sec. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY). Provides that the
387th Judicial District is composed of Fort Bend County. Requires the
District Court to give preference to family law matters. Provides that the
387th Judicial District is created September 1, 1999.  

SECTION 3. Amends Chapter 24C, Government Code, effective September 1,
1999, by adding Section 24.534, as follows: 

Sec. 24.534. 389th JUDICIAL DISTRICT (HIDALGO COUNTY). Provides that the
389th Judicial District is composed of Hidalgo County. Requires the 389th
District Court to give preference to criminal matters. 

 SECTION 4. Amends Chapter 24C, Government Code, effective September 1,
1999, by adding Section 24.543, as follows: 

Sec. 24.543. 398th JUDICIAL DISTRICT (HIDALGO COUNTY). Provides that the
398th Judicial District is composed of Hidalgo County. Requires the 398th
District Court to give preference to family violence and criminal matters.
Provides that the 398th Judicial District is created September 1, 1999. 

SECTION 5. Amends Chapter 24, Government Code, effective October 1, 1999,
by adding Sections 24.535 and 24.536, as follows: 

Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY). Provides that the
390th Judicial District is composed of Travis County. Requires the 390th
District Court to give preference to criminal matters.  

Sec. 24.536. 391ST JUDICIAL DISTRICT (TOM GREEN COUNTY). Provides that the
391st Judicial District is composed of Tom Green County. Provides that the
terms of the 391st District Court begin on the first Mondays in March and
September. Authorizes the indictments within the Tom Green County issued by
any district court in the county to be returned to the 391st District
Court. Provides that Section 24.153, relating to the 51st District Court,
contains provisions applicable to both that court and the 391st District
Court.  

SECTION 6. Amends Section 24.153(c), Government Code, effective October 1,
1999, to authorize judges of the 391st District Court to take certain
action.  

SECTION 7. Amends Chapter 24C, Government Code, effective January 1, 2000,
by adding Section 24.538, 24.540, and 24.541, as follows:  

Sec. 24. 538. 393RD JUDICIAL DISTRICT (DENTON COUNTY).  Provides that the
393rd District is composed of Denton County. Requires the 393rd Judicial
District Court to give preference to family law matters.  

Sec. 24.540. 395TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). Provides that the
395th Judicial District is composed of Williamson County.  

Sec. 24.541. 396TH JUDICIAL DISTRICT (TARRANT COUNTY). Provides that the
396th Judicial District is composed of Tarrant County. Requires the 396th
District Court to give preference to criminal matters.  

SECTION 8. Amends Chapter 24C, Government Code, effective August 1, 2000,
by adding Section 24.554, as follows:  

Sec. 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY). Provides that the
408th Judicial District is composed to Bexar County. Requires the 408th
District Court to give preference to civil matters.  

SECTION 9. Amends Chapter 24C, Government Code, effective date September 1,
2000, by adding Sections 24.544, 24.546, 24.547, and 24.555 as follows: 

Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY). Provides that the
399th Judicial District is composed of Bexar County. Requires the 399th
District Court to give preference to criminal matters.  

Sec. 24.546. 401ST JUDICIAL DISTRICT (COLLIN COUNTY). Provides that the
401st Judicial District is composed of Collin County.  

Sec. 24.547. 402ND JUDICIAL DISTRICT (WOOD COUNTY). Provides that the 402nd
Judicial District is composed of Wood County.  

 Sec. 24. 555. 409TH JUDICIAL DISTRICT (EL PASO COUNTY). Provides that the
409th Judicial District is composed of El Paso County.  

SECTION 10. Amends Chapter 24C, Government Code, effective date September
1, 2000, by adding Section 24.545, as follows: 

Sec. 24.545. 400TH JUDICIAL DISTRICT (FORT BEND COUNTY). Provides that the
400th Judicial District is composed of Fort Bend County. Provides that the
400th Judicial District is created September 1, 2000. 

SECTION 11. Amends Section 24.216, Government Code, effective September 1,
2000, as follows: 

Sec. 24.216. New heading: 114TH JUDICIAL DISTRICT (SMITH COUNTY). Provides
that the 114th Judicial District is composed of Smith County, rather than
Smith and Wood counties. Makes conforming changes.   

SECTION 12. Amends Section 24.471, Government Code, effective September 1,
2000, as follows:  

Sec. 24.471. New heading: 294th JUDICIAL DISTRICT (VAN ZANDT COUNTY).
Provides that the 294th Judicial District is composed of Van Zandt County
rather than Van Zandt and Wood counties. Provides that the 294th Judicial
District has concurrent jurisdiction with the county court in Van Zandt
County over certain matters. Makes conforming changes.  

SECTION 13. Amends Chapter 24C, Government Code, effective October 1, 2000,
by adding Section 24.548, as follows: 

Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY). Provides that the
403rd Judicial District is composed of Travis County. Requires the 403rd
District Court to give preference to criminal matters.  

SECTION 14. Amends Chapter 24C, Government Code, effective January 1, 2001,
by adding Sections 24.549-24.552, as follows: 

Sec. 24.549. 404TH JUDICIAL DISTRICT (CAMERON COUNTY). Provides that the
404th Judicial District is composed of Cameron County.  

Sec. 24.550. 405TH JUDICIAL DISTRICT (GALVESTON COUNT). Provides that the
405th Judicial District is composed of Galveston County.  

Sec. 24.551. 406TH JUDICIAL DISTRICT (WEBB COUNTY). Provides that the 406th
Judicial District is composed of Webb County. Requires the 406th Judicial
District to give preference to cases involving family violence, cases under
the Family Code, and cases under the Health and Safety Code.   

Sec. 24.552. 407TH JUDICIAL DISTRICT (BEXAR COUNTY). Provides that the
407th Judicial District is composed of Bexar County.  

SECTION 15. Amends Section 24.151(f), Government Code, to require all tax
suits to be assigned and docketed in the 49th District Court. Requires all
cases involving family violence, all cases under the Family Code, and all
cases under the Health and Human Safety Code, to be assigned and docketed
in the 406th District Court. Requires all other cases to be assigned and
docketed at random by the district clerk. Deletes text regarding certain
courts.  

SECTION 16. Provides that the 379th, 386th, 388th, and 389th judicial
districts are created September 1, 1999. 

SECTION 17. Provides that 390th and 391st judicial districts are created
October 1, 1999. 

 SECTION 18. Provides that 393rd, 395th, 396th, and 408th, judicial
districts are created January 1, 2000. 

SECTION 19. Provides that the 399th, 401st, 402nd, and 409th judicial
districts are created September 1, 2000.  

SECTION 20. Require the local administrative district judge, to transfer
all cases from Wood County that are pending in the 114th District Court or
the 294th District Court to the 402nd District Court, on September 1, 2000.
Sets forth requirements for the cases being transferred to another court.  

SECTION 21. Provides that the 403th Judicial District is created October 1,
2000. 

SECTION 22. Provides that the 404th, 405th, 406th and 407th judicial
districts are created January 1, 2001. Requires the initial vacancy in the
offices of judge of the 404th, 405th, 406th, and 407th judicial district to
be filled by election. Provides that the offices exist for purposes of the
primary and general elections in 2000. Provides that a vacancy after the
initial vacancy is filled as provided by Section 28, Article V, Texas
Constitution.  

SECTION 23. Emergency clause. 
             Effective date: 90 after adjournments.