By: Raymond (Senate Sponsor - Zaffirini) H.B. No. 1314

(In the Senate - Received from the House May 4, 2011; May 5, 2011, read first time and referred to Committee on Jurisprudence; May 21, 2011, reported favorably by the following vote: Yeas 5, Nays 0; May 21, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the operation and jurisdiction of certain district courts serving Webb County.

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

SECTION 1. Section 24.151(f), Government Code, is amended to read as follows:

(f) In Webb County, the clerk of the district courts shall file all civil cases[, except tax suits,] on the Clerk's Civil File Docket and shall number the cases consecutively. [All tax suits shall be assigned and docketed in the 49th District Court. All cases involving family violence, all cases under the Family Code, and all cases under the Health and Safety Code shall be assigned and docketed in the 406th District Court.] All [other] civil cases not assigned and docketed in a district court based on the types of cases the court gives preference to under applicable law shall be assigned and docketed at random by the district clerk. The clerk shall keep a separate file docket, known as the Clerk's Criminal File Docket, for criminal cases [and a separate file docket, known as the Clerk's Tax Suit Docket, for tax suits]. The clerk shall number the cases on the Clerk's [Tax Suit Docket consecutively with a separate series of numbers and shall number the cases on the Clerk's] Criminal File Docket consecutively with a separate series of numbers.

SECTION 2. Section 24.213, Government Code, is amended by amending Subsections (b) and (c) and adding Subsection (e) to read as follows:

(b) The terms of the 111th District Court begin on the first Mondays in January, April [March, May], July, and October [September, and November]. Each term continues until the court disposes of its business.

(c) The [judge of the] 111th District Court has concurrent jurisdiction with the other district courts in Webb County [may not impanel grand juries unless he considers it necessary].

(e) A criminal complaint may be presented to the grand jury of any district court in Webb County, and a resulting indictment may be returned to any other district court in Webb County with the appropriate criminal jurisdiction.

SECTION 3. Section 24.487(b), Government Code, is amended to read as follows:

(b) The judge of the 341st District Court may select jury commissioners and impanel grand juries in Webb County. The judge of the 341st District Court may alternate the drawing of grand juries with the judge of any other district court in the county. By order entered on the minutes, for any term that the judge considers it necessary, the judge may order grand and petit juries to be drawn. [The 341st District Court has concurrent jurisdiction with the 49th District Court in all tax suits and cases.]

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

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