SRC-SEW C.S.S.B. 1813 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1813
By: Ellis, Rodney
Finance
5/10/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, many district courts in Texas are experiencing a growth in
pending cases or have a large backlog of cases. The establishment of new
judicial districts may help alleviate the backlog in cases. C.S.S.B. 1813
creates additional judicial districts composed of specified counties and
modifies the composition of other judicial districts.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 24C, Government Code, adding Section 24.542, as
follows: 

Sec. 24.542. 397TH JUDICIAL DISTRICT (COLLIN COUNTY).  Provides that the
397th Judicial District is composed of Collin County. 

SECTION 2.  (a) Amends Chapter 24C, Government Code, adding Section 24.556,
as follows: 

Sec. 24.556.  412TH JUDICIAL DISTRICT (FANNIN COUNTY).  Provides that the
412th Judicial District is composed of Fannin County. 

  (b)  Amends the heading to Section 24.106, Government Code, as follows:

 Sec. 24.106.  6TH JUDICIAL DISTRICT (LAMAR AND RED RIVER COUNTIES).

(c)  Amends Section 24.106(a), Government Code, to provide that the 6th
Judicial District is composed of Lamar and Red River counties. 

  (d)  Amends the heading to Section 24.482, Government Code, as follows:

 Sec. 24.482.  336TH JUDICIAL DISTRICT (GRAYSON COUNTY).

(e)  Amends Section 24.482(a), Government Code, to provide that the 336th
Judicial District is composed of Grayson County. 

SECTION 3.  Amends Chapter 24C, Government Code, by adding Section 24.557,
as follows: 
 
Sec. 24.557.  413TH JUDICIAL DISTRICT (JOHNSON AND SOMERVELL COUNTIES).
Provides that the 413th Judicial District is composed of Johnson and
Somervell counties. 
 
SECTION 4.  Amends Chapter 24C, Government Code, by adding Section 24.558,
as follows: 
  
Sec. 24.558. 414TH JUDICIAL DISTRICT (NACOGDOCHES COUNTY).  Provides that
the 414th Judicial District is composed of Nacogdoches County. 

SECTION 5.  Amends Chapter 24C, Government Code, by adding Section 24.559,
as follows: 

Sec. 24.559.  415TH JUDICIAL DISTRICT (TRAVIS COUNTY).  Provides that the
415th Judicial District is composed of Travis County.  Requires the 415th
Judicial District to give preference to civil cases. 

SECTION 6.  Amends Chapter 24C, Government Code, by adding Section 24.560,
as follows: 
 
Sec. 24.560. 416TH JUDICIAL DISTRICT (MCLENNAN COUNTY).  Provides that the
416th Judicial District is composed of McLennan County.  

SECTION 7.  (a) Amends the heading to Section 24.113, Government Code, to
read as follows:   

Sec.  24.113.  12TH JUDICIAL DISTRICT (GRIMES, MADISON, AND WALKER
COUNTIES.   

(b) Amends Section 24.113(a), Government Code, to delete text regarding
Leon county. 

 (c) Amends Section 24.455, Government Code, as follows:

Sec.  24.455.  New heading: 278th JUDICIAL DISTRICT (GRIMES, MADISON, AND
WALKER COUNTIES.)  Makes a conforming change. 

 (d) Amends Section 24.514, Government Code, as follows:

Sec.  24.514.  New heading: 369TH JUDICIAL DISTRICT (ANDERSON, CHEROKEE,
AND LEON COUNTIES).  Provides that the 369th Judicial District is composed
of Anderson, Cherokee, and Leon counties. 

SECTION 8.  (a) Effective date: September 1, 2001.  Provides that the
397th, 412th, 413th, 414th, and 416th judicial districts are created
September 1, 2001, and that the 415th Judicial District is created
September 1, 2002.   
 
(b)  Requires the local administrative district judge to transfer all cases
from Fannin County that are pending in the 6th District Court or the 336th
District Court on the effective date of this Act to the 412th District
Court.  

(c) Requires the local administrative district judge to transfer all cases
from Leon County that are pending in the 12th District Court or the 278th
District Court on the effective date of this Act to the 369th District
Court. 
 
(d)  Provides that, when a case is transferred from one court to another as
provided by Subsection (b) or (c) of this section, all processes, writs,
bonds, recognizances, or other obligations issued from the transferring
court are returnable to the court to which the case is transferred, as if
originally issued by that court.  Requires the obligees in all bonds and
recognizances taken in and for a court from which  a case is transferred,
and all witnesses summoned to appear in a court from which a case is
transferred, to appear before the court to which a case is transferred as
if originally required to appear before the court to which the transfer is
made.