1-1 By: Thompson, et al. (Senate Sponsor - Ellis) H.B. No. 400
1-2 (In the Senate - Received from the House April 30, 1999;
1-3 May 3, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 May 14, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 400 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation and composition of certain district
1-11 courts.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Effective September 1, 1999, Subchapter C,
1-14 Chapter 24, Government Code, is amended by adding Sections 24.524,
1-15 24.531-24.536, 24.538, 24.540, and 24.541 to read as follows:
1-16 Sec. 24.524. 379TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
1-17 The 379th Judicial District is composed of Bexar County.
1-18 (b) The 379th District Court shall give preference to
1-19 criminal cases.
1-20 Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
1-21 The 386th Judicial District is composed of Bexar County.
1-22 (b) The 386th District Court shall give preference to civil
1-23 cases.
1-24 Sec. 24.532. 387TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
1-25 The 387th Judicial District is composed of Bexar County.
1-26 (b) The 387th District Court shall give preference to
1-27 juvenile matters.
1-28 Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY). (a)
1-29 The 388th Judicial District is composed of El Paso County.
1-30 (b) The 388th District Court shall give preference to family
1-31 law matters.
1-32 Sec. 24.534. 389TH JUDICIAL DISTRICT (FORT BEND COUNTY).
1-33 The 389th Judicial District is composed of Fort Bend County.
1-34 Sec. 24.535. 390TH JUDICIAL DISTRICT (COLLIN COUNTY). The
1-35 390th Judicial District is composed of Collin County.
1-36 Sec. 24.536. 391ST JUDICIAL DISTRICT (TARRANT COUNTY). (a)
1-37 The 391st Judicial District is composed of Tarrant County.
1-38 (b) The 391st District Court shall give preference to
1-39 criminal cases.
1-40 Sec. 24.538. 393RD JUDICIAL DISTRICT (WOOD COUNTY).
1-41 (a) The 393rd Judicial District is composed of Wood County.
1-42 (b) The 393rd District Court has concurrent jurisdiction
1-43 with the county court in Wood County over all matters of civil and
1-44 criminal jurisdiction, original and appellate, in cases over which
1-45 the county court has jurisdiction under the constitution and laws
1-46 of this state. Matters and proceedings in the concurrent
1-47 jurisdiction of the 393rd District Court and the county court may
1-48 be filed in either court and all cases of concurrent jurisdiction
1-49 may be transferred between the 393rd District Court and the county
1-50 court. However, a case may not be transferred from one court to
1-51 another without the consent of the judge of the court to which it
1-52 is transferred, and a case may not be transferred unless it is
1-53 within the jurisdiction of the court to which it is transferred.
1-54 Sec. 24.540. 395TH JUDICIAL DISTRICT (WILLIAMSON COUNTY).
1-55 The 395th Judicial District is composed of Williamson County.
1-56 Sec. 24.541. 396TH JUDICIAL DISTRICT (DENTON COUNTY). (a)
1-57 The 396th Judicial District is composed of Denton County.
1-58 (b) The 396th District Court shall give preference to family
1-59 law matters.
1-60 SECTION 2. Effective October 1, 1999, Subchapter C, Chapter
1-61 24, Government Code, is amended by adding Section 24.542 to read as
1-62 follows:
1-63 Sec. 24.542. 397TH JUDICIAL DISTRICT (TRAVIS COUNTY).
1-64 (a) The 397th Judicial District is composed of Travis County.
2-1 (b) The 397th District Court shall give preference to
2-2 criminal cases.
2-3 SECTION 3. Effective October 1, 2000, Subchapter C, Chapter
2-4 24, Government Code, is amended by adding Section 24.543 to read as
2-5 follows:
2-6 Sec. 24.543. 398TH JUDICIAL DISTRICT (TRAVIS COUNTY).
2-7 (a) The 398th Judicial District is composed of Travis County.
2-8 (b) The 398th District Court shall give preference to
2-9 criminal cases.
2-10 SECTION 4. Effective September 1, 1999, Sections 24.185,
2-11 24.216, 24.471, and 43.133, Government Code, are amended to read as
2-12 follows:
2-13 Sec. 24.185. 83RD JUDICIAL DISTRICT (PECOS, REAGAN, TERRELL,
2-14 [AND] UPTON, AND VAL VERDE COUNTIES). (a) The 83rd Judicial
2-15 District is composed of Pecos, Reagan, Terrell, [and] Upton, and
2-16 Val Verde counties.
2-17 (b) The 83rd and 112th district courts have concurrent
2-18 jurisdiction in Pecos, Reagan, and Upton counties.
2-19 (c) The 83rd and 63rd district courts have concurrent
2-20 jurisdiction in Terrell and Val Verde counties.
2-21 (d) The terms of the 83rd District Court begin:
2-22 (1) on the second [ninth] Monday [after the first
2-23 Mondays] in January and July;
2-24 (2) in Reagan County on the 14th Monday after the
2-25 first Mondays in January and July; and
2-26 (3) in Upton County on the 12th Monday after the first
2-27 Mondays in January and July.
2-28 (e) [(d)] In each of the counties of Pecos, Terrell, [and]
2-29 Upton, and Val Verde, a petition or other pleading filed in the
2-30 district courts is sufficient if addressed "To The District Court
2-31 of Pecos County, Texas,", "To The District Court of Terrell County,
2-32 Texas,", [or] "To The District Court of Upton County, Texas,", or
2-33 "To The District Court of Val Verde County, Texas," respectively,
2-34 without giving the number of the district court in the address.
2-35 (f) [(e)] The secretary of state shall submit the changes
2-36 made to this section by H.B. 3235 of the 74th Legislature, Regular
2-37 Session, to the U.S. Justice Department for preclearance under
2-38 Section 5 of the federal Voting Rights Act of 1965 as amended (42
2-39 U.S.C. Section 1973 et seq.). The changes made to this section by
2-40 H.B. 3235 of the 74th Legislature, Regular Session, become
2-41 inoperative if the U.S. Justice Department files a timely objection
2-42 pursuant to Section 5 of the Voting Rights Act of 1965 as amended.
2-43 Sec. 24.216. 114TH JUDICIAL DISTRICT (SMITH COUNTY [AND WOOD
2-44 COUNTIES]). (a) The 114th Judicial District is composed of Smith
2-45 County [and Wood counties].
2-46 (b) The terms of the 114th District Court [in each county of
2-47 the district] begin on the first Mondays in January and July.
2-48 Sec. 24.471. 294TH JUDICIAL DISTRICT (VAN ZANDT COUNTY [AND
2-49 WOOD COUNTIES]). (a) The 294th Judicial District is composed of
2-50 Van Zandt County [and Wood counties].
2-51 (b) The 294th District Court has concurrent jurisdiction
2-52 with the county court in [Wood and] Van Zandt County [counties]
2-53 over all matters of civil and criminal jurisdiction, original and
2-54 appellate, in cases over which the county court has jurisdiction
2-55 under the constitution and laws of this state. Matters [In each of
2-56 the counties, matters] and proceedings in the concurrent
2-57 jurisdiction of the 294th District Court and the county court may
2-58 be filed in either court and all cases of concurrent jurisdiction
2-59 may be transferred between the 294th District Court and the county
2-60 court. However, a case may not be transferred from one court to
2-61 another without the consent of the judge of the court to which it
2-62 is transferred, and a case may not be transferred unless it is
2-63 within the jurisdiction of the court to which it is transferred.
2-64 Sec. 43.133. 63RD JUDICIAL DISTRICT. (a) The voters of the
2-65 63rd Judicial District elect a district attorney.
2-66 (b) The district attorney for the 63rd district also acts as
2-67 district attorney for the 83rd Judicial District in Terrell and Val
2-68 Verde counties.
2-69 SECTION 5. (a) The 379th, 386th, 387th, 388th, 389th,
3-1 390th, 391st, 393rd, 395th, and 396th judicial districts are
3-2 created September 1, 1999.
3-3 (b) The 397th Judicial District is created October 1, 1999.
3-4 (c) The 398th Judicial District is created October 1, 2000.
3-5 (d) The local administrative district judge shall transfer
3-6 all cases from Wood County that are pending in the 114th District
3-7 Court or the 294th District Court on the effective date of this Act
3-8 to the 393rd District Court.
3-9 (e) When a case is transferred from one court to another as
3-10 provided by Subsection (d) of this section, all processes, writs,
3-11 bonds, recognizances, or other obligations issued from the
3-12 transferring court are returnable to the court to which the case is
3-13 transferred, as if originally issued by that court. The obligees
3-14 in all bonds and recognizances taken in and for a court from which
3-15 a case is transferred, and all witnesses summoned to appear in a
3-16 court from which a case is transferred, are required to appear
3-17 before the court to which a case is transferred as if originally
3-18 required to appear before the court to which the transfer is made.
3-19 SECTION 6. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.
3-24 * * * * *