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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of a judicial district in Harris County |
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as the district court for domestic violence cases in that county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.112, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (g), (h), (i), (j), |
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(k), and (l) to read as follows: |
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(b) Except as provided by Subsection (g), the [The] |
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provisions of this section apply to the 11th, 55th, 61st, 80th, |
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113th, 125th, 127th, 129th, 133rd, 151st, 152nd, 157th, 164th, and |
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165th judicial districts. |
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(g) Subsection (h) applies to the 11th, 55th, 61st, 80th, |
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113th, 125th, 127th, 129th, 133rd, 151st, 152nd, 157th, 164th, |
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165th, 189th, 190th, 215th, 234th, 269th, 270th, 280th, 281st, |
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295th, 333rd, and 334th judicial districts. |
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(h) The judges of the district courts listed in Subsection |
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(g) by agreement shall designate one of the listed district courts |
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as the domestic violence district court for Harris County. In |
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designating the domestic violence district court, the judges shall |
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give preference to a district court: |
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(1) that has a judicial vacancy at the time of the |
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agreement; or |
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(2) for which the sitting judge of the district court |
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has not at the time of the agreement announced a candidacy or become |
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a candidate in the upcoming election for that judicial office. |
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(i) Subject to any jurisdictional limitations, the district |
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court designated under Subsection (h) as the domestic violence |
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district court shall give preference to domestic violence cases, |
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including cases involving: |
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(1) dating violence, as defined by Section 71.0021, |
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Family Code; and |
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(2) family violence, as defined by Section 71.004, |
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Family Code. |
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(j) For the purposes of determining the preference the |
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designated domestic violence district court is required to give |
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cases under Subsection (i): |
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(1) a domestic violence case means: |
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(A) an original application for a protective |
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order under Title 4, Family Code; |
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(B) an original application for a protective |
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order under Title 4, Family Code, that involves both parties and is |
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filed concurrently with an original petition under the Family Code; |
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and |
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(C) any matter involving custody of a minor child |
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if one parent is alleged to have caused the death of another parent |
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and there is a history of domestic violence in the parents' |
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relationship; and |
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(2) subject to judicial discretion and resources, the |
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designated domestic violence district court may also hear divorce |
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and custody cases in which: |
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(A) a court has made an affirmative finding of |
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family violence involving both parties; or |
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(B) a protective order has been issued under |
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Title 4, Family Code, involving both parties. |
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(k) The designated domestic violence district court shall: |
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(1) provide timely and efficient access to emergency |
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protective orders and other court remedies for persons the court |
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determines are victims of domestic violence; |
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(2) integrate victims' services for persons the court |
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determines are victims of domestic violence who have a case before |
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the court; and |
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(3) promote an informed and consistent court response |
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to domestic violence cases to lessen the number of misdemeanors, |
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felonies, and fatalities related to domestic violence in Harris |
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County. |
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(l) The Harris County district clerk shall create a form and |
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establish procedures to transfer a domestic violence case that |
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qualifies for preference under this section to the domestic |
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violence district court. |
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SECTION 2. Not later than October 1, 2009, the judges of the |
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district courts listed in Subsection (g), Section 24.112, |
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Government Code, as added by this Act, shall by agreement designate |
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a listed court as the domestic violence district court for Harris |
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County. If the judges fail to designate a domestic violence |
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district court on or before October 1, 2009, the local |
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administrative judge for the Harris County district courts shall |
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designate a domestic violence court not later than October 5, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |