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79R14004 RMB-F


By:  Escobar                                                      H.B. No. 3155

Substitute the following for H.B. No. 3155:                                   

By:  Hartnett                                                 C.S.H.B. No. 3155



A BILL TO BE ENTITLED

AN ACT

relating to the creation of a judicial district in Kenedy and 
Kleberg Counties, the composition of the 105th Judicial District, 
and the district attorney for Kenedy, Kleberg, and Nueces Counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 24, Government Code, is 
amended by adding Section 24.567 to read as follows:
	Sec. 24.567.  423RD JUDICIAL DISTRICT (KENEDY AND KLEBERG 
COUNTIES).  (a)  The 423rd Judicial District is composed of Kenedy 
and Kleberg Counties.
	(b)  The 423rd District Court shall give preference to 
criminal cases.
	(c)  In addition to other jurisdiction provided by law, the 
423rd District Court has concurrent jurisdiction with the county 
courts in Kenedy and Kleberg Counties and the statutory county 
court in Kleberg County over all matters of civil and criminal 
jurisdiction, original and appellate, in cases over which a county 
court has jurisdiction under the constitution and laws of this 
state.  Matters and proceedings in the concurrent jurisdiction of 
the 423rd District Court and the county court or county court at law 
may be filed in either court and all cases of concurrent 
jurisdiction may be transferred between the 423rd District Court, 
the county court, and the county court at law.  However, a case may 
not be transferred from one court to another without the consent of 
the judge of the court to which it is transferred, and a case may not 
be transferred unless it is within the jurisdiction of the court to 
which it is transferred.
	SECTION 2.  Section 24.207, Government Code, is amended to 
read as follows:  
	Sec. 24.207.  105TH JUDICIAL DISTRICT ([KENEDY, KLEBERG, 
AND] NUECES COUNTY [COUNTIES]).  (a)  The 105th Judicial District is 
composed of [Kenedy, Kleberg, and] Nueces County [counties].  The 
court shall give preference to criminal cases.
	(b)  The terms of the 105th District Court begin[:            
		[(1)  in Kenedy County on the first Mondays in June and 
December;
		[(2)  in Kleberg County on the first Mondays in April 
and October; and
		[(3)  in Nueces County] on the first Mondays in 
February and August.
	(c)  The judge, with the approval of the commissioners court, 
may appoint an official interpreter of the court [in Nueces County] 
who serves at the will of the judge.  The official interpreter shall 
take both the constitutional oath of office and an oath that he will 
faithfully interpret all testimony in the district court as 
official interpreter.  The oath is sufficient for his service as 
official interpreter in all cases in the court [in Nueces County] 
during the interpreter's term of office.  The judge may also assign 
the official interpreter to assist the court's probation officer in 
the discharge of the probation officer's duties.
	SECTION 3.  The heading to Section 43.148, Government Code, 
is amended to read as follows:
	Sec. 43.148.  KENEDY, KLEBERG, AND NUECES COUNTIES [105TH 
JUDICIAL DISTRICT].
	SECTION 4.  Sections 43.148(a) and (c), Government Code, are 
amended to read as follows:
	(a)  The voters of Kenedy, Kleberg, and Nueces counties [the 
105th Judicial District] elect a district attorney.  The district 
attorney has the same powers and duties as other district attorneys 
and serves all the district, county, and justice courts of Nueces 
County and the district courts of Kleberg and Kenedy counties.
	(c)  The commissioners courts of Kenedy, Kleberg, and Nueces 
[the] counties [comprising the district] may supplement the state 
salary of the district attorney.  The amount of the supplement may 
not exceed $12,000 a year.  The supplemental salary must be paid 
proportionately by the commissioners court of each county according 
to the population of the county.  The supplemental salary may be 
paid from the officers' salary fund of a county.  If that fund is 
inadequate, the commissioners court may transfer the necessary 
funds from the general fund of the county.
	SECTION 5.  (a)  The local administrative district judge 
shall transfer all cases from Kenedy and Kleberg Counties that are 
pending in the 105th District Court on September 1, 2005, to the 
423rd District Court.
	(b)  When a case is transferred as provided by Subsection (a) 
of this section, all processes, writs, bonds, recognizances, or 
other obligations issued from the 105th District Court are 
returnable to the 423rd District Court as if originally issued by 
that court.  The obligees on all bonds and recognizances taken in 
and for the 105th District Court and all witnesses summoned to 
appear in the 105th District Court are required to appear before the 
423rd District Court as if originally required to appear before 
that court.
	SECTION 6.  The 423rd Judicial District is created on the 
effective date of this Act.
	SECTION 7.  This Act takes effect September 1, 2005.