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.