By: Wentworth S.B. No. 565

(In the Senate - Filed February 9, 2007; February 26, 2007, read first time and referred to Committee on Jurisprudence; March 19, 2007, reported favorably, as amended, by the following vote: Yeas 5, Nays 0; March 19, 2007, sent to printer.)

COMMITTEE AMENDMENT NO. 1 By: Wentworth

Amend S.B. No. 565 (Introduced version) by adding the following appropriately numbered section to the bill and renumbering subsequent sections of the bill accordingly:

SECTION ___. Subchapter A, Chapter 25, Government Code, is amended by adding Section 25.0013 to read as follows:

Sec. 25.0013. LOCATION OF EMERGENCY COURT PROCEEDINGS. The chief justice of the supreme court may, in the event of an emergency, by order allow a statutory county court to hear cases, hold court, and transact business at the county seat of another county located in the administrative judicial region in which the statutory county court is located or at the county seat of a county located in an adjacent administrative judicial region. This section prevails over any provision of this chapter that requires a case to be heard in a specific county or city.

A BILL TO BE ENTITLED

AN ACT

relating to the locations where the district courts and the courts of appeals may hear cases, hold court, and transact business.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 22, Government Code, is amended by adding Section 22.2011 to read as follows:

Sec. 22.2011. LOCATION OF COURT PROCEEDINGS. (a) A court of appeals may hear cases, hold court, and transact its business at the county seat of any county in the court of appeals district as the court determines necessary or convenient.

(b) The chief justice of the supreme court may, in the event of an emergency, by order allow a court of appeals to hear cases, hold court, and transact business at the county seat of a county located in an adjacent court of appeals district. This subsection prevails over any provision of this subchapter that requires a case to be heard in a specific county or city.

SECTION 2. Subsection (b), Section 22.204, Government Code, is amended to read as follows:

(b) Notwithstanding Section 22.2011(a), [The court may transact its business at the county seat of any of the counties within its district, as the court determines is necessary and convenient, except that] all cases originating in Travis County shall be heard and transacted in that county.

SECTION 3. Subsection (b), Section 22.205, Government Code, is amended to read as follows:

(b) Notwithstanding Section 22.2011(a), [The court may transact its business at the county seat of any of the counties within its district, as the court determines is necessary and convenient, except that] all cases originating in Bexar County that the court hears shall be heard and transacted in that county.

SECTION 4. Subsection (b), Section 22.207, Government Code, is amended to read as follows:

(b) Notwithstanding Section 22.2011(a), the [The] court may transact its business in the City of Texarkana or the county seat of any county in the district as the court determines is necessary or convenient, except that all cases originating in Bowie County shall be heard and transacted in the City of Texarkana.

SECTION 5. Subsection (b), Section 22.209, Government Code, is amended to read as follows:

(b) Notwithstanding Section 22.2011(a), [The court may transact its business at the county seat of any county in the district as the court determines is necessary and convenient, except] all cases originating in El Paso County shall be heard and transacted in that county.

SECTION 6. Subsection (a), Section 22.211, Government Code, is amended to read as follows:

(a) The Court of Appeals for the Tenth Court of Appeals District shall be held in the City of Waco [or in the county seat of any county located within the Tenth Court of Appeals District].

SECTION 7. Subsection (c), Section 22.213, Government Code, is amended to read as follows:

(c) Notwithstanding Section 22.2011(a), [The court may transact its business in the City of Tyler or at the county seat of any county in the district as the court determines is necessary or convenient, except that] all cases originating in Smith County shall be heard and transacted in the City of Tyler.

SECTION 8. Subsection (c), Section 22.214, Government Code, is amended to read as follows:

(c) Notwithstanding Section 22.2011(a), [The court may transact its business at the county seat of any county in the district as the court determines is necessary and convenient, except that:

[(1)] all cases originating in Nueces County shall be heard and transacted in Nueces County[;] and

[(2)] all cases originating in Cameron, Hidalgo, or Willacy County shall be heard and transacted in Cameron, Hidalgo, or Willacy County.

SECTION 9. Subchapter A, Chapter 24, Government Code, is amended by adding Section 24.0171 to read as follows:

Sec. 24.0171. LOCATION OF EMERGENCY COURT PROCEEDINGS. The chief justice of the supreme court may, in the event of an emergency, by order allow a district court to hear cases, hold court, and transact business at the county seat of another county located in the administrative judicial region in which the district court is located or at the county seat of a county located in an adjacent administrative judicial region. This section prevails over any provision of this chapter that requires a case to be heard in a specific county or city.

SECTION 10. The following provisions of the Government Code are repealed:

(1) Subsection (g), Section 22.202;

(2) Subsection (b), Section 22.203;

(3) Subsection (b), Section 22.206;

(4) Subsection (c), Section 22.210;

(5) Subsection (c), Section 22.212; and

(6) Subsection (c), Section 22.215.

SECTION 11. This Act takes effect September 1, 2007.

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