76R12520 DB-F
By Thompson, Haggerty, Puente, Naishtat, H.B. No. 400
Cuellar
Substitute the following for H.B. No. 400:
By Hinojosa C.S.H.B. No. 400
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of certain district courts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Effective September 1, 1999, Subchapter C,
1-5 Chapter 24, Government Code, is amended by adding Sections 24.524
1-6 and 24.531-24.533 to read as follows:
1-7 Sec. 24.524. 379TH JUDICIAL DISTRICT (HARRIS COUNTY). (a)
1-8 The 379th Judicial District is composed of Harris County.
1-9 (b) The 379th District Court shall give preference to
1-10 juvenile matters.
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. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY).
1-16 (a) The 387th Judicial District is composed of Fort Bend County.
1-17 (b) The 387th District Court shall give preference to family
1-18 law matters.
1-19 Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY). (a)
1-20 The 388th Judicial District is composed of El Paso County.
1-21 (b) The 388th District Court shall give preference to family
1-22 law matters.
1-23 SECTION 2. Effective September 1, 1999, Subchapter C,
1-24 Chapter 24, Government Code, is amended by adding Section 24.534 to
2-1 read as follows:
2-2 Sec. 24.534. 389TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a)
2-3 The 389th Judicial District is composed of Hidalgo County.
2-4 (b) The 389th District Court shall give preference to
2-5 criminal matters.
2-6 SECTION 3. Effective October 1, 1999, Subchapter C, Chapter
2-7 24, Government Code, is amended by adding Sections 24.535 and
2-8 24.536 to read as follows:
2-9 Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
2-10 The 390th Judicial District is composed of Travis County.
2-11 (b) The 390th District Court shall give preference to
2-12 criminal matters.
2-13 Sec. 24.536. 391ST JUDICIAL DISTRICT (TOM GREEN COUNTY).
2-14 (a) The 391st Judicial District is composed of Tom Green County.
2-15 (b) The terms of the 391st District Court begin on the first
2-16 Mondays in March and September.
2-17 (c) Indictments within Tom Green County issued by any
2-18 district court in the county may be returned to the 391st District
2-19 Court.
2-20 (d) Section 24.153, relating to the 51st District Court,
2-21 contains provisions applicable to both that court and the 391st
2-22 District Court.
2-23 SECTION 4. Effective October 1, 1999, Section 24.153(c),
2-24 Government Code, is amended to read as follows:
2-25 (c) The judges of the 51st, 119th, [and] 340th, and 391st
2-26 district courts may, in their discretion, exchange benches and sit
2-27 for each other without formal order in each county in those
3-1 districts, including counties in which the districts do not
3-2 overlap. Any of the judges may, in his own courtroom, try and
3-3 determine any case or proceeding pending in any of the other courts
3-4 without having the case transferred, or may sit in any of the other
3-5 courts and hear and determine any case pending in one of those
3-6 courts. The judges may try different cases filed in the same court
3-7 at the same time, and each may occupy his own courtroom or the room
3-8 of any other court. In case of absence, sickness, or
3-9 disqualification of any of the judges, any of the other judges may
3-10 hold court for him. Any of the judges may hear and determine any
3-11 part or question of a case or proceeding pending in any of the
3-12 courts, and any of the other judges may complete the hearing and
3-13 render judgment in the case. Any of the judges may hear and
3-14 determine motions, petitions for injunction, applications for
3-15 appointment of receivers, interventions, motions to transfer venue,
3-16 pleas in abatement, all dilatory pleas, motions for new trials, and
3-17 all preliminary matters, questions, and proceedings, and may enter
3-18 judgment or order thereon in the court in which the case is pending
3-19 without having the case transferred to the court of the acting
3-20 judge. The judge in whose court the case is pending may proceed to
3-21 hear, complete, and determine any part or all of the case or other
3-22 matter and render final judgment. Any of the judges may issue
3-23 restraining orders and injunctions returnable to any of the other
3-24 judges or courts.
3-25 SECTION 5. Effective January 1, 2000, Subchapter C, Chapter
3-26 24, Government Code, is amended by adding Sections 24.538, 24.540,
3-27 and 24.541 to read as follows:
4-1 Sec. 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY). (a)
4-2 The 393rd Judicial District is composed of Denton County.
4-3 (b) The 393rd District Court shall give preference to family
4-4 law matters.
4-5 Sec. 24.540. 395TH JUDICIAL DISTRICT (WILLIAMSON COUNTY).
4-6 The 395th Judicial District is composed of Williamson County.
4-7 Sec. 24.541. 396TH JUDICIAL DISTRICT (TARRANT COUNTY). (a)
4-8 The 396th Judicial District is composed of Tarrant County.
4-9 (b) The 396th District Court shall give preference to
4-10 criminal matters.
4-11 SECTION 6. Effective September 1, 2000, Subchapter C,
4-12 Chapter 24, Government Code, is amended by adding Sections
4-13 24.542-24.547 to read as follows:
4-14 Sec. 24.542. 397TH JUDICIAL DISTRICT (GRIMES, MADISON, AND
4-15 WALLER COUNTIES). The 397th Judicial District is composed of
4-16 Grimes, Madison, and Waller counties.
4-17 Sec. 24.543. 398TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a)
4-18 The 398th Judicial District is composed of Hidalgo County.
4-19 (b) The 398th District Court shall give preference to family
4-20 law and criminal matters.
4-21 Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
4-22 The 399th Judicial District is composed of Bexar County.
4-23 (b) The 399th District Court shall give preference to
4-24 criminal matters.
4-25 Sec. 24.545. 400TH JUDICIAL DISTRICT (FORT BEND COUNTY).
4-26 The 400th Judicial District is composed of Fort Bend County.
4-27 Sec. 24.546. 401ST JUDICIAL DISTRICT (COLLIN COUNTY). The
5-1 401st Judicial District is composed of Collin County.
5-2 Sec. 24.547. 402ND JUDICIAL DISTRICT (WOOD COUNTY). The
5-3 402nd Judicial District is composed of Wood County.
5-4 SECTION 7. Effective September 1, 2000, Section 24.216,
5-5 Government Code, is amended to read as follows:
5-6 Sec. 24.216. 114TH JUDICIAL DISTRICT (SMITH COUNTY [AND WOOD
5-7 COUNTIES]). (a) The 114th Judicial District is composed of Smith
5-8 County [and Wood counties].
5-9 (b) The terms of the 114th District Court [in each county of
5-10 the district] begin on the first Mondays in January and July.
5-11 SECTION 8. Effective September 1, 2000, Section 24.471,
5-12 Government Code, is amended to read as follows:
5-13 Sec. 24.471. 294TH JUDICIAL DISTRICT (VAN ZANDT COUNTY [AND
5-14 WOOD COUNTIES]). (a) The 294th Judicial District is composed of
5-15 Van Zandt County [and Wood counties].
5-16 (b) The 294th District Court has concurrent jurisdiction
5-17 with the county court in [Wood and] Van Zandt County [counties]
5-18 over all matters of civil and criminal jurisdiction, original and
5-19 appellate, in cases over which the county court has jurisdiction
5-20 under the constitution and laws of this state. Matters [In each of
5-21 the counties, matters] and proceedings in the concurrent
5-22 jurisdiction of the 294th District Court and the county court may
5-23 be filed in either court and all cases of concurrent jurisdiction
5-24 may be transferred between the 294th District Court and the county
5-25 court. However, a case may not be transferred from one court to
5-26 another without the consent of the judge of the court to which it
5-27 is transferred, and a case may not be transferred unless it is
6-1 within the jurisdiction of the court to which it is transferred.
6-2 SECTION 9. Effective October 1, 2000, Subchapter C, Chapter
6-3 24, Government Code, is amended by adding Section 24.548 to read as
6-4 follows:
6-5 Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
6-6 The 403rd Judicial District is composed of Travis County.
6-7 (b) The 403rd District Court shall give preference to
6-8 criminal matters.
6-9 SECTION 10. Effective January 1, 2001, Subchapter C, Chapter
6-10 24, Government Code, is amended by adding Sections 24.549-24.551 to
6-11 read as follows:
6-12 Sec. 24.549. 404TH JUDICIAL DISTRICT (CAMERON COUNTY). The
6-13 404th Judicial District is composed of Cameron County.
6-14 Sec. 24.550. 405TH JUDICIAL DISTRICT (GALVESTON COUNTY).
6-15 The 405th Judicial District is composed of Galveston County.
6-16 Sec. 24.551. 406TH JUDICIAL DISTRICT (WEBB COUNTY). (a)
6-17 The 406th Judicial District is composed of Webb County.
6-18 (b) The 406th District Court shall give preference to cases
6-19 involving family violence, cases under the Family Code, and cases
6-20 under the Health and Safety Code.
6-21 SECTION 11. Section 24.151(f), Government Code, is amended
6-22 to read as follows:
6-23 (f) In Webb County, the clerk of the district courts shall
6-24 file all civil cases, except tax suits, on the Clerk's Civil File
6-25 Docket and shall number the cases consecutively. All tax suits
6-26 shall be assigned and docketed in the 49th District Court. All
6-27 cases involving family violence, all cases under the Family Code,
7-1 and all cases under the Health and Safety Code shall be assigned
7-2 and docketed in the 406th District Court. All other [Each] civil
7-3 cases [case, except tax suits,] shall be assigned and docketed at
7-4 random by the district clerk according to the following
7-5 percentages: 49th District Court, 20 percent; 111th District
7-6 Court, 60 percent; and the 341st District Court, 20 percent. The
7-7 clerk shall keep a separate file docket, known as the Clerk's
7-8 Criminal File Docket, for criminal cases and a separate file
7-9 docket, known as the Clerk's Tax Suit Docket, for tax suits. [Each
7-10 tax suit shall be assigned and docketed in the 49th District
7-11 Court.] The clerk shall number the cases on the Clerk's Tax Suit
7-12 Docket consecutively with a separate series of numbers and shall
7-13 number the cases on the Clerk's Criminal File Docket consecutively
7-14 with a separate series of numbers.
7-15 SECTION 12. The 379th, 386th, 387th, 388th, and 389th
7-16 judicial districts are created September 1, 1999.
7-17 SECTION 13. The 390th and 391st judicial districts are
7-18 created October 1, 1999.
7-19 SECTION 14. The 393rd, 395th, and 396th judicial districts
7-20 are created January 1, 2000.
7-21 SECTION 15. The 397th, 398th, 399th, 400th, 401st, and 402nd
7-22 judicial districts are created September 1, 2000.
7-23 SECTION 16. (a) On September 1, 2000, the local
7-24 administrative district judge shall transfer all cases from Wood
7-25 County that are pending in the 114th District Court or the 294th
7-26 District Court to the 402nd District Court.
7-27 (b) When a case is transferred from one court to another as
8-1 provided by Subsection (a) of this section, all processes, writs,
8-2 bonds, recognizances, or other obligations issued from the
8-3 transferring court are returnable to the court to which the case is
8-4 transferred, as if originally issued by that court. The obligees
8-5 in all bonds and recognizances taken in and for a court from which
8-6 a case is transferred, and all witnesses summoned to appear in a
8-7 court from which a case is transferred, are required to appear
8-8 before the court to which a case is transferred as if originally
8-9 required to appear before the court to which the transfer is made.
8-10 SECTION 17. The 403rd Judicial District is created October
8-11 1, 2000.
8-12 SECTION 18. (a) The 404th, 405th, and 406th judicial
8-13 districts are created January 1, 2001.
8-14 (b) The initial vacancy in the offices of judge of the
8-15 404th, 405th, and 406th judicial districts shall be filled by
8-16 election. The offices exist for purposes of the primary and
8-17 general elections in 2000. A vacancy after the initial vacancy is
8-18 filled as provided by Section 28, Article V, Texas Constitution.
8-19 SECTION 19. The importance of this legislation and the
8-20 crowded condition of the calendars in both houses create an
8-21 emergency and an imperative public necessity that the
8-22 constitutional rule requiring bills to be read on three several
8-23 days in each house be suspended, and this rule is hereby suspended.