1-1 AN ACT
1-2 relating to the creation and composition of certain district courts
1-3 and to the duties of the district attorney of the 63rd Judicial
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Effective September 1, 1999, Subchapter C,
1-7 Chapter 24, Government Code, is amended by adding Sections 24.524,
1-8 24.531, and 24.533 to read as follows:
1-9 Sec. 24.524. 379TH JUDICIAL DISTRICT (BEXAR COUNTY). The
1-10 379th Judicial District is composed of Bexar County.
1-11 Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
1-12 The 386th Judicial District is composed of Bexar County.
1-13 (b) The 386th District Court shall give preference to
1-14 juvenile matters.
1-15 Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY). (a)
1-16 The 388th Judicial District is composed of El Paso County.
1-17 (b) The 388th District Court shall give preference to family
1-18 law matters.
1-19 SECTION 2. (a) Effective September 1, 1999, Subchapter C,
1-20 Chapter 24, Government Code, is amended by adding Section 24.532 to
1-21 read as follows:
1-22 Sec. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY).
1-23 (a) The 387th Judicial District is composed of Fort Bend County.
1-24 (b) The 387th District Court shall give preference to family
2-1 law matters.
2-2 (b) The 387th Judicial District is created September 1,
2-3 1999.
2-4 SECTION 3. Effective September 1, 1999, Subchapter C,
2-5 Chapter 24, Government Code, is amended by adding Section 24.534 to
2-6 read as follows:
2-7 Sec. 24.534. 389TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a)
2-8 The 389th Judicial District is composed of Hidalgo County.
2-9 (b) The 389th District Court shall give preference to
2-10 criminal matters.
2-11 SECTION 4. (a) Effective September 1, 1999, Subchapter C,
2-12 Chapter 24, Government Code, is amended by adding Section 24.543 to
2-13 read as follows:
2-14 Sec. 24.543. 398TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a)
2-15 The 398th Judicial District is composed of Hidalgo County.
2-16 (b) The 398th District Court shall give preference to family
2-17 violence and criminal matters.
2-18 (b) The 398th Judicial District is created September 1,
2-19 1999.
2-20 SECTION 5. Effective October 1, 1999, Subchapter C, Chapter
2-21 24, Government Code, is amended by adding Sections 24.535 and
2-22 24.536 to read as follows:
2-23 Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
2-24 The 390th Judicial District is composed of Travis County.
2-25 (b) The 390th District Court shall give preference to
2-26 criminal matters.
2-27 Sec. 24.536. 391ST JUDICIAL DISTRICT (TOM GREEN COUNTY).
3-1 (a) The 391st Judicial District is composed of Tom Green County.
3-2 (b) The terms of the 391st District Court begin on the first
3-3 Mondays in March and September.
3-4 (c) Indictments within Tom Green County issued by any
3-5 district court in the county may be returned to the 391st District
3-6 Court.
3-7 (d) Section 24.153, relating to the 51st District Court,
3-8 contains provisions applicable to both that court and the 391st
3-9 District Court.
3-10 SECTION 6. Effective October 1, 1999, Section 24.153(c),
3-11 Government Code, is amended to read as follows:
3-12 (c) The judges of the 51st, 119th, [and] 340th, and 391st
3-13 district courts may, in their discretion, exchange benches and sit
3-14 for each other without formal order in each county in those
3-15 districts, including counties in which the districts do not
3-16 overlap. Any of the judges may, in his own courtroom, try and
3-17 determine any case or proceeding pending in any of the other courts
3-18 without having the case transferred, or may sit in any of the other
3-19 courts and hear and determine any case pending in one of those
3-20 courts. The judges may try different cases filed in the same court
3-21 at the same time, and each may occupy his own courtroom or the room
3-22 of any other court. In case of absence, sickness, or
3-23 disqualification of any of the judges, any of the other judges may
3-24 hold court for him. Any of the judges may hear and determine any
3-25 part or question of a case or proceeding pending in any of the
3-26 courts, and any of the other judges may complete the hearing and
3-27 render judgment in the case. Any of the judges may hear and
4-1 determine motions, petitions for injunction, applications for
4-2 appointment of receivers, interventions, motions to transfer venue,
4-3 pleas in abatement, all dilatory pleas, motions for new trials, and
4-4 all preliminary matters, questions, and proceedings, and may enter
4-5 judgment or order thereon in the court in which the case is pending
4-6 without having the case transferred to the court of the acting
4-7 judge. The judge in whose court the case is pending may proceed to
4-8 hear, complete, and determine any part or all of the case or other
4-9 matter and render final judgment. Any of the judges may issue
4-10 restraining orders and injunctions returnable to any of the other
4-11 judges or courts.
4-12 SECTION 7. Effective January 1, 2000, Subchapter C, Chapter
4-13 24, Government Code, is amended by adding Sections 24.538, 24.540,
4-14 and 24.541 to read as follows:
4-15 Sec. 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY). (a)
4-16 The 393rd Judicial District is composed of Denton County.
4-17 (b) The 393rd District Court shall give preference to family
4-18 law matters.
4-19 Sec. 24.540. 395TH JUDICIAL DISTRICT (WILLIAMSON COUNTY).
4-20 The 395th Judicial District is composed of Williamson County.
4-21 Sec. 24.541. 396TH JUDICIAL DISTRICT (TARRANT COUNTY). (a)
4-22 The 396th Judicial District is composed of Tarrant County.
4-23 (b) The 396th District Court shall give preference to
4-24 criminal matters.
4-25 SECTION 8. Effective January 1, 2000, Subchapter C, Chapter
4-26 24, Government Code, is amended by adding Section 24.554 to read as
4-27 follows:
5-1 Sec. 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
5-2 The 408th Judicial District is composed of Bexar County.
5-3 (b) The 408th District Court shall give preference to civil
5-4 matters.
5-5 SECTION 9. Effective September 1, 2000, Subchapter C,
5-6 Chapter 24, Government Code, is amended by adding Sections 24.544,
5-7 24.546, and 24.555 to read as follows:
5-8 Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
5-9 The 399th Judicial District is composed of Bexar County.
5-10 (b) The 399th District Court shall give preference to
5-11 criminal matters.
5-12 Sec. 24.546. 401ST JUDICIAL DISTRICT (COLLIN COUNTY). The
5-13 401st Judicial District is composed of Collin County.
5-14 Sec. 24.555. 409TH JUDICIAL DISTRICT (EL PASO COUNTY). The
5-15 409th Judicial District is composed of El Paso County.
5-16 SECTION 10. Effective September 1, 1999, Subchapter C,
5-17 Chapter 24, Government Code, is amended by adding Section 24.547 to
5-18 read as follows:
5-19 Sec. 24.547. 402ND JUDICIAL DISTRICT (WOOD COUNTY). (a)
5-20 The 402nd Judicial District is composed of Wood County.
5-21 (b) The 402nd District Court has concurrent jurisdiction
5-22 with the county court in Wood County over all matters of civil and
5-23 criminal jurisdiction, original and appellate, in cases over which
5-24 the county court has jurisdiction under the constitution and laws
5-25 of this state. Matters and proceedings in the concurrent
5-26 jurisdiction of the 402nd District Court and the county court may
5-27 be filed in either court and all cases of concurrent jurisdiction
6-1 may be transferred between the 402nd District Court and the county
6-2 court. However, a case may not be transferred from one court to
6-3 another without the consent of the judge of the court to which it
6-4 is transferred, and a case may not be transferred unless it is
6-5 within the jurisdiction of the court to which it is transferred.
6-6 SECTION 11. (a) Effective September 1, 2000, Subchapter C,
6-7 Chapter 24, Government Code, is amended by adding Section 24.545 to
6-8 read as follows:
6-9 Sec. 24.545. 400TH JUDICIAL DISTRICT (FORT BEND COUNTY).
6-10 The 400th Judicial District is composed of Fort Bend County.
6-11 (b) The 400th Judicial District is created September 1,
6-12 2000.
6-13 SECTION 12. Effective September 1, 1999, Section 24.216,
6-14 Government Code, is amended to read as follows:
6-15 Sec. 24.216. 114TH JUDICIAL DISTRICT (SMITH COUNTY [AND WOOD
6-16 COUNTIES]). (a) The 114th Judicial District is composed of Smith
6-17 County [and Wood counties].
6-18 (b) The terms of the 114th District Court [in each county of
6-19 the district] begin on the first Mondays in January and July.
6-20 SECTION 13. Effective September 1, 1999, Section 24.471,
6-21 Government Code, is amended to read as follows:
6-22 Sec. 24.471. 294TH JUDICIAL DISTRICT (VAN ZANDT COUNTY [AND
6-23 WOOD COUNTIES]). (a) The 294th Judicial District is composed of
6-24 Van Zandt County [and Wood counties].
6-25 (b) The 294th District Court has concurrent jurisdiction
6-26 with the county court in [Wood and] Van Zandt County [counties]
6-27 over all matters of civil and criminal jurisdiction, original and
7-1 appellate, in cases over which the county court has jurisdiction
7-2 under the constitution and laws of this state. Matters [In each of
7-3 the counties, matters] and proceedings in the concurrent
7-4 jurisdiction of the 294th District Court and the county court may
7-5 be filed in either court and all cases of concurrent jurisdiction
7-6 may be transferred between the 294th District Court and the county
7-7 court. However, a case may not be transferred from one court to
7-8 another without the consent of the judge of the court to which it
7-9 is transferred, and a case may not be transferred unless it is
7-10 within the jurisdiction of the court to which it is transferred.
7-11 SECTION 14. Effective December 1, 2000, Subchapter C,
7-12 Chapter 24, Government Code, is amended by adding Section 24.548 to
7-13 read as follows:
7-14 Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
7-15 The 403rd Judicial District is composed of Travis County.
7-16 (b) The 403rd District Court shall give preference to
7-17 criminal matters.
7-18 SECTION 15. Effective January 1, 2001, Subchapter C, Chapter
7-19 24, Government Code, is amended by adding Sections 24.549-24.551 to
7-20 read as follows:
7-21 Sec. 24.549. 404TH JUDICIAL DISTRICT (CAMERON COUNTY). The
7-22 404th Judicial District is composed of Cameron County.
7-23 Sec. 24.550. 405TH JUDICIAL DISTRICT (GALVESTON COUNTY).
7-24 The 405th Judicial District is composed of Galveston County.
7-25 Sec. 24.551. 406TH JUDICIAL DISTRICT (WEBB COUNTY). (a)
7-26 The 406th Judicial District is composed of Webb County.
7-27 (b) The 406th District Court shall give preference to cases
8-1 involving family violence, cases under the Family Code, and cases
8-2 under the Health and Safety Code.
8-3 SECTION 16. Effective September 1, 2000, Subchapter C,
8-4 Chapter 24, Government Code, is amended by adding Section 24.552 to
8-5 read as follows:
8-6 Sec. 24.552. 407TH JUDICIAL DISTRICT (BEXAR COUNTY). The
8-7 407th Judicial District is composed of Bexar County.
8-8 SECTION 17. Effective January 1, 2001, Section 24.151(f),
8-9 Government Code, is amended to read as follows:
8-10 (f) In Webb County, the clerk of the district courts shall
8-11 file all civil cases, except tax suits, on the Clerk's Civil File
8-12 Docket and shall number the cases consecutively. All tax suits
8-13 shall be assigned and docketed in the 49th District Court. All
8-14 cases involving family violence, all cases under the Family Code,
8-15 and all cases under the Health and Safety Code shall be assigned
8-16 and docketed in the 406th District Court. All other [Each] civil
8-17 cases [case, except tax suits,] shall be assigned and docketed at
8-18 random by the district clerk [according to the following
8-19 percentages: 49th District Court, 20 percent; 111th District
8-20 Court, 60 percent; and the 341st District Court, 20 percent]. The
8-21 clerk shall keep a separate file docket, known as the Clerk's
8-22 Criminal File Docket, for criminal cases and a separate file
8-23 docket, known as the Clerk's Tax Suit Docket, for tax suits. [Each
8-24 tax suit shall be assigned and docketed in the 49th District
8-25 Court.] The clerk shall number the cases on the Clerk's Tax Suit
8-26 Docket consecutively with a separate series of numbers and shall
8-27 number the cases on the Clerk's Criminal File Docket consecutively
9-1 with a separate series of numbers.
9-2 SECTION 18. Effective September 1, 1999, Sections 24.185 and
9-3 43.133, Government Code, are amended to read as follows:
9-4 Sec. 24.185. 83RD JUDICIAL DISTRICT (PECOS, REAGAN, TERRELL,
9-5 [AND] UPTON, AND VAL VERDE COUNTIES). (a) The 83rd Judicial
9-6 District is composed of Pecos, Reagan, Terrell, [and] Upton, and
9-7 Val Verde counties.
9-8 (b) The 83rd and 112th district courts have concurrent
9-9 jurisdiction in Pecos, Reagan, and Upton counties.
9-10 (c) The 83rd and 63rd district courts have concurrent
9-11 jurisdiction in Terrell and Val Verde counties.
9-12 (d) The terms of the 83rd District Court begin:
9-13 (1) on the second [ninth] Monday [after the first
9-14 Mondays] in January and July;
9-15 (2) in Reagan County on the 14th Monday after the
9-16 first Mondays in January and July; and
9-17 (3) in Upton County on the 12th Monday after the first
9-18 Mondays in January and July.
9-19 (e) [(d)] In each of the counties of Pecos, Terrell, [and]
9-20 Upton, and Val Verde, a petition or other pleading filed in the
9-21 district courts is sufficient if addressed "To The District Court
9-22 of Pecos County, Texas,", "To The District Court of Terrell County,
9-23 Texas,", [or] "To The District Court of Upton County, Texas,", or
9-24 "To The District Court of Val Verde County, Texas," respectively,
9-25 without giving the number of the district court in the address.
9-26 [(e) The secretary of state shall submit the changes made to
9-27 this section by H.B. 3235 of the 74th Legislature, Regular Session,
10-1 to the U.S. Justice Department for preclearance under Section 5 of
10-2 the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section
10-3 1973 et seq.). The changes made to this section by H.B. 3235 of
10-4 the 74th Legislature, Regular Session, become inoperative if the
10-5 U.S. Justice Department files a timely objection pursuant to
10-6 Section 5 of the Voting Rights Act of 1965 as amended.]
10-7 Sec. 43.133. 63RD JUDICIAL DISTRICT. (a) The voters of the
10-8 63rd Judicial District elect a district attorney.
10-9 (b) The district attorney for the 63rd Judicial District
10-10 also acts as district attorney for the 83rd Judicial District in
10-11 Terrell and Val Verde counties.
10-12 SECTION 19. The 379th, 386th, 388th, 389th, and 402nd
10-13 judicial districts are created September 1, 1999.
10-14 SECTION 20. The 390th and 391st judicial districts are
10-15 created October 1, 1999.
10-16 SECTION 21. The 393rd, 395th, 396th, and 408th judicial
10-17 districts are created January 1, 2000.
10-18 SECTION 22. The 399th, 401st, 407th, and 409th judicial
10-19 districts are created September 1, 2000.
10-20 SECTION 23. (a) On September 1, 1999, the local
10-21 administrative district judge shall transfer all cases from Wood
10-22 County that are pending in the 114th District Court or the 294th
10-23 District Court to the 402nd District Court.
10-24 (b) When a case is transferred from one court to another as
10-25 provided by Subsection (a) of this section, all processes, writs,
10-26 bonds, recognizances, or other obligations issued from the
10-27 transferring court are returnable to the court to which the case is
11-1 transferred, as if originally issued by that court. The obligees
11-2 in all bonds and recognizances taken in and for a court from which
11-3 a case is transferred, and all witnesses summoned to appear in a
11-4 court from which a case is transferred, are required to appear
11-5 before the court to which a case is transferred as if originally
11-6 required to appear before the court to which the transfer is made.
11-7 SECTION 24. The 403rd Judicial District is created December
11-8 1, 2000.
11-9 SECTION 25. (a) The 404th, 405th, and 406th judicial
11-10 districts are created January 1, 2001.
11-11 (b) The initial vacancy in the offices of judge of the
11-12 404th, 405th, and 406th judicial districts shall be filled by
11-13 election. The offices exist for purposes of the primary and
11-14 general elections in 2000. A vacancy after the initial vacancy is
11-15 filled as provided by Section 28, Article V, Texas Constitution.
11-16 SECTION 26. (a) Except as provided by Subsection (b) of
11-17 this section, for purposes of Section 201.027, Election Code, the
11-18 effective date of the Act creating the office is the effective date
11-19 of the Government Code section establishing the court under this
11-20 Act.
11-21 (b) This section does not apply to the creation of the
11-22 office of judge for a judicial district created by Section 15 of
11-23 this Act.
11-24 SECTION 27. The importance of this legislation and the
11-25 crowded condition of the calendars in both houses create an
11-26 emergency and an imperative public necessity that the
11-27 constitutional rule requiring bills to be read on three several
12-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 400 was passed by the House on April
29, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 400 on May 26, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 400 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 400 was passed by the Senate, with
amendments, on May 21, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 400 on May 30, 1999, by
a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor