By Eiland                                             H.B. No. 1213
         76R3131 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the administration of the justice courts in certain
 1-3     counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 75.404, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 75.404.  PRESIDING JUDGE FOR [HARRIS COUNTY] JUSTICE
 1-8     COURTS IN CERTAIN COUNTIES.  (a)  This section applies only to a
 1-9     county with a  population of more than 215,000.
1-10           (b)  The justices of the peace in a county [Harris County]
1-11     may select from among themselves a presiding judge.
1-12           (c) [(b)]  The presiding judge shall be selected during the
1-13     month preceding the term the judge is to serve by a two-thirds vote
1-14     of the judges.  The presiding judge serves a term of one year
1-15     unless by a vote of two-thirds of the judges the selection is
1-16     canceled and another judge is selected to serve the unexpired term.
1-17     Each judge shall enter on the minutes of the court an order
1-18     reciting the selection of the presiding judge.
1-19           (d) [(c)]  A copresiding judge may be selected in the same
1-20     manner as the presiding judge.  The copresiding judge serves when
1-21     the presiding judge is absent or disabled for any reason and has
1-22     the same duties as the presiding judge.
1-23           (e) [(d)]  The presiding judge shall preside at any session
1-24     of the judges.
 2-1           (f) [(e)]  If a justice of the peace in a county [Harris
 2-2     County] is absent or for any reason unable to preside, the
 2-3     presiding judge  may appoint a former justice of the peace or a
 2-4     former county court, statutory county court, or district court
 2-5     judge who served as a judge in this state and who consents to the
 2-6     appointment as a special judge to preside for the justice of the
 2-7     peace.  The presiding judge may designate the duration of the
 2-8     appointment, not to exceed 60 days, and may revoke an appointment
 2-9     at any time.  The duties and powers of a special judge are the same
2-10     as for the regular justice of the peace.
2-11           (g) [(f)]  The commissioners court may compensate the special
2-12     judge.
2-13           (h) [(g)]  The justices of the peace in a county [Harris
2-14     County] may adopt local rules:
2-15                 (1)  that are consistent with Chapter 45, Code of
2-16     Criminal Procedure, and Part V, Texas Rules of Civil Procedure, for
2-17     practice and procedure in the justice courts of the county [Harris
2-18     County]; and
2-19                 (2)  for practice and procedure in the small claims
2-20     courts of the county [Harris County].
2-21           (i) [(h)]  A local rule may be adopted only by the unanimous
2-22     vote of all of the [16] justices of the peace in a county.
2-23           (j) [(i)]  A local rule may provide for assigning, docketing,
2-24     transferring, or hearing of a case.
2-25           (k) [(j)]  Notwithstanding other provisions of law regarding
2-26     venue:
2-27                 (1)  a misdemeanor case to be tried in a justice court
 3-1     of a county [Harris County] may be prosecuted, according to a local
 3-2     rule, in any precinct in the county designated by the local rule;
 3-3     and
 3-4                 (2)  a civil case, except a suit for forcible entry and
 3-5     detainer or involving real property, may be brought, according to
 3-6     local rule, in any precinct in the county designated by the local
 3-7     rule.
 3-8           (l) [(k)]  Each justice of the peace shall enter the local
 3-9     rules on the minutes of the court.  On request, a justice of the
3-10     peace shall provide a copy of the local rules to any interested
3-11     person.
3-12           SECTION 2.  The importance of this legislation and the
3-13     crowded condition of the calendars in both houses create an
3-14     emergency and an imperative public necessity that the
3-15     constitutional rule requiring bills to be read on three several
3-16     days in each house be suspended, and this rule is hereby suspended,
3-17     and that this Act take effect and be in force from and after its
3-18     passage, and it is so enacted.