79(R) SB 1189 - Introduced version


                                                                                

79R6538 QS-D

By:  Wentworth                                                    S.B. No. 1189



A BILL TO BE ENTITLED

AN ACT

relating to the creation, composition, jurisdiction, and terms of 
court of judicial districts, to the election of a local 
administrative district judge for certain counties, to the juvenile 
board in certain counties, and to the district courts in certain 
counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 24.135, Government Code, is amended by 
adding Subsections (c) and (d) to read as follows:
	(c)  The judge of the 33rd District Court may select jury 
commissioners and impanel grand juries in each county.  The judge of 
the 33rd District Court may alternate the drawing of grand juries 
with the judge of any other district court in each county within the 
33rd Judicial District and may order grand and petit juries to be 
drawn for any term of the court as the judge determines is 
necessary, by an order entered in the minutes of the court.  
Indictments within each county may be returned to either court 
within that county.
	(d)  The 33rd District Court may hear and determine, in any 
county in the district convenient for the court, all preliminary or 
interlocutory matters in which a jury may not be demanded, in any 
case pending in any county in the district regardless of whether the 
case was filed in the county in which the hearing is held.  Unless an 
objection is filed by a party to the suit, the 33rd District Court 
may hear, in any county in the district convenient for the court, 
any nonjury case pending in any county in the district, including 
divorces, adoptions, default judgments, and matters in which 
citation was by publication, regardless of whether the case was 
filed in the county in which the hearing is held.
	SECTION 2.  (a) Subchapter C, Chapter 24, Government Code, 
is amended by adding Section 24.568 to read as follows:
	Sec. 24.568.  424TH JUDICIAL DISTRICT (BLANCO, BURNET, 
LLANO, AND SAN SABA COUNTIES).  (a)  The 424th Judicial District is 
composed of Blanco, Burnet, Llano, and San Saba Counties.
	(b)  The jurisdiction of the 424th District Court is 
concurrent with the jurisdiction of the 33rd District Court.
	(c)  The 424th District Court has the same terms of court as 
the 33rd District Court.
	(d)  The judge of the 424th District Court may select jury 
commissioners and impanel grand juries in each county.  The judge of 
the 424th District Court may alternate the drawing of grand juries 
with the judge of any other district court in each county within the 
424th Judicial District and may order grand and petit juries to be 
drawn for any term of the court as the judge determines is 
necessary, by an order entered in the minutes of the court.  
Indictments within each county may be returned to either court 
within that county.
	(e)  The 424th District Court may hear and determine, in any 
county in the district convenient for the court, all preliminary or 
interlocutory matters in which a jury may not be demanded, in any 
case pending in any county in the district regardless of whether the 
case was filed in the county in which the hearing is held.  Unless an 
objection is filed by a party to the suit, the 424th District Court 
may hear, in any county in the district convenient for the court, 
any nonjury case pending in any county in the district, including 
divorces, adoptions, default judgments, and matters in which 
citation was by publication, regardless of whether the case was 
filed in the county in which the hearing is held.
	(b)  The 424th Judicial District is created September 1, 
2005.               
	(c)  This section takes effect September 1, 2005.                              
	SECTION 3.  Subchapter D, Chapter 74, Government Code, is 
amended by adding Section 74.097 to read as follows:
	Sec. 74.097.  LOCAL ADMINISTRATIVE DISTRICT JUDGE FOR 
BLANCO, BURNET, LLANO, AND SAN SABA COUNTIES.  Notwithstanding 
Section 74.091(b), the local administrative district judge for 
Blanco, Burnet, Llano, and San Saba Counties is elected on the basis 
of seniority from the district judges of the 33rd Judicial District 
and the 424th Judicial District.
	SECTION 4.  Section 152.0221(b), Human Resources Code, is 
amended to read as follows:
	(b)  The [juvenile court] judge of the 33rd District Court is 
the chairman of the board and its chief administrative officer.
	SECTION 5.  Section 152.0331(b), Human Resources Code, is 
amended to read as follows:
	(b)  The [juvenile court] judge of the 33rd District Court is 
the chairman of the board and its chief administrative officer.
	SECTION 6.  Section 152.1561(b), Human Resources Code, is 
amended to read as follows:
	(b)  The [juvenile court] judge of the 33rd District Court is 
the chairman of the board and its chief administrative officer.
	SECTION 7.  Section 152.2121(b), Human Resources Code, is 
amended to read as follows:
	(b)  The [juvenile court] judge of the 33rd District Court is 
the chairman of the board and its chief administrative officer.
	SECTION 8.  (a)  Section 24.149(c), Government Code, is 
amended to read as follows:
	(c)  The terms of the 47th District Court begin:                               
		(1)  in Armstrong County on the first [10th Monday 
after the fourth] Monday in January, notwithstanding Section 
24.012(a) [and the 11th Monday after the first Monday in August];
		(2)  in Potter County on the fourth Monday in January, 
the 15th Monday after the fourth Monday in January, the first Monday 
in August, and the 14th Monday after the first Monday in August; and
		(3)  in Randall County on the first Monday in January, 
the 16th Monday after the first Monday in January, and the eighth 
Monday after the first Monday in August.
	(b)  This section takes effect January 1, 2006.                                
	SECTION 9.  (a)  Subchapter C, Chapter 24, Government Code, 
is amended by adding Section 24.556 to read as follows:
	Sec. 24.556.  412TH JUDICIAL DISTRICT (BRAZORIA COUNTY).  
The 412th Judicial District is composed of Brazoria County.
	(b)  The 412th Judicial District is created September 1, 
2005.               
	(c)  This section takes effect September 1, 2005.                              
	SECTION 10.  (a) Subchapter C, Chapter 24, Government Code, 
is amended by adding Section 24.570 to read as follows:
	Sec. 24.570.  426TH JUDICIAL DISTRICT (BELL COUNTY).  (a)  
The 426th Judicial District is composed of Bell County.
	(b)  The terms of the 426th District Court begin on the first 
Mondays in January, April, July, and October.
	(c)  Section 24.129, relating to the 27th District Court, 
contains provisions applicable to both that court and the 426th 
District Court.
	(b)  Section 24.129(b), Government Code, is amended to read 
as follows:      
	(b)  The 27th, 146th, [and] 169th, 264th, and 426th judicial 
districts have concurrent jurisdiction in Bell County.
	(c)  The 426th Judicial District is created September 1, 
2005.               
	(d)  This section takes effect September 1, 2005.                              
	SECTION 11.  (a) Subchapter C, Chapter 24, Government Code, 
is amended by adding Section 24.572 to read as follows:
	Sec. 24.572.  428TH JUDICIAL DISTRICT (HAYS COUNTY).  The 
428th Judicial District is composed of Hays County.
	(b)  The 428th Judicial District is created September 1, 
2005.               
	(c)  This section takes effect September 1, 2005.                              
	SECTION 12.  (a) Subchapter C, Chapter 24, Government Code, 
is amended by adding Section 24.574 to read as follows:
	Sec. 24.574.  430TH JUDICIAL DISTRICT (COMAL COUNTY).  The 
430th Judicial District is composed of Comal County.
	(b)  The 430th Judicial District is created September 1, 
2005.               
	(c)  This section takes effect September 1, 2005.                              
	SECTION 13.  Except as otherwise provided by this Act, this 
Act takes effect September 1, 2005.