88R10302 CJD-F
 
  By: Cook, Goldman, Capriglione, Schatzline H.B. No. 3386
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal district courts, statutory county courts,
  and criminal law magistrates in Tarrant County.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 24.392, Government Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (d) to read
  as follows:
         (b)  The 213th District Court shall give preference to
  criminal cases.
         (c)  The terms of the 213th District Court begin on the first
  Mondays in January, April, July, and October.
         (d) [(c)]  In addition to other jurisdiction provided by
  law, the 213th District Court has concurrent original jurisdiction
  with the county criminal courts in Tarrant County over misdemeanor
  cases.
         SECTION 2.  Section 24.516, Government Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  The terms of the 371st District Court begin on the first
  Mondays in January, April, July, and October.
         (d)  In addition to other jurisdiction provided by law, the
  371st District Court has concurrent original jurisdiction with the
  county criminal courts in Tarrant County over misdemeanor cases.
         SECTION 3.  Section 24.517, Government Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  The terms of the 372nd District Court begin on the first
  Mondays in January, April, July, and October.
         (d)  In addition to other jurisdiction provided by law, the
  372nd District Court has concurrent original jurisdiction with the
  county criminal courts in Tarrant County over misdemeanor cases.
         SECTION 4.  Section 24.541, Government Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  The terms of the 396th District Court begin on the first
  Mondays in January, April, July, and October.
         (d)  In addition to other jurisdiction provided by law, the
  396th District Court has concurrent original jurisdiction with the
  county criminal courts and the justice courts in Tarrant County
  over misdemeanor cases.
         SECTION 5.  Section 24.576, Government Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  The terms of the 432nd District Court begin on the first
  Mondays in January, April, July, and October.
         (d)  In addition to other jurisdiction provided by law, the
  432nd District Court has concurrent original jurisdiction with the
  county criminal courts in Tarrant County over misdemeanor cases.
         SECTION 6.  Section 24.60030, Government Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  The terms of the 485th District Court begin on the first
  Mondays in January, April, July, and October.
         (d)  In addition to other jurisdiction provided by law, the
  485th District Court has concurrent original jurisdiction with the
  county criminal courts in Tarrant County over misdemeanor cases.
         SECTION 7.  Section 24.910, Government Code, is amended by
  adding Subsection (a-1) and amending Subsections (b), (c), and (e)
  to read as follows:
         (a-1)  Subchapter C applies to the Tarrant County Criminal
  District Court No. 1. 
         (b)  This section applies to the Tarrant County Criminal
  District Courts Nos. 1, 2, [and] 3, and 4.
         (c)  The criminal district courts have jurisdiction of
  criminal cases within the jurisdiction of a district court.  The
  criminal district courts also have concurrent original
  jurisdiction with the county criminal courts in Tarrant County over
  misdemeanor cases.  The criminal district courts do not have
  appellate misdemeanor jurisdiction.
         (e)  The judge of each criminal district court or county
  criminal court may, on motion of the judge or the criminal district
  attorney, transfer misdemeanor cases between the courts by an order
  entered in the minutes of the transferor [transferring] court.  The
  clerk of the transferor [transferring] court shall certify the
  style and number of the case to the clerk of the transferee court
  [to which it is transferred] and include the papers of the case with
  the certification.  The [receiving] clerk of the transferee court
  shall promptly docket the transferred case.  The transferee
  [receiving] court shall dispose of the case as if it had been
  originally instituted in that court.
         SECTION 8.  Section 24.911, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Subchapter C applies to the Tarrant County Criminal
  District Court No. 2.
         SECTION 9.  Section 24.912, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Subchapter C applies to the Tarrant County Criminal
  District Court No. 3. 
         SECTION 10.  The heading to Section 24.913, Government Code,
  is amended to read as follows:
         Sec. 24.913.  TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT
  NO. 4 [OF TARRANT COUNTY].
         SECTION 11.  Section 24.913, Government Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (d-1) to
  read as follows:
         (a)  The Tarrant County Criminal Judicial District No. 4 [of
  Tarrant County] is composed of Tarrant County.
         (d)  Subchapter C applies to the Tarrant County Criminal
  District Court No. 4 [of Tarrant County].
         (d-1)  Section 24.910, relating to the Tarrant County
  Criminal District Court No. 1, contains provisions applicable to
  both that court and the Tarrant County Criminal District Court
  No. 4.
         SECTION 12.  Sections 25.2223(a), (i), (j), (j-2), and (l),
  Government Code, are amended to read as follows:
         (a)  A county criminal court in Tarrant County has
  jurisdiction over all criminal matters and causes, original and
  appellate, prescribed by law for county courts, but does not have
  civil jurisdiction. In addition to the jurisdiction provided by
  Section 25.0003 and other law, a county criminal court in Tarrant
  County has concurrent original jurisdiction of criminal cases with
  a district court other than felony cases involving capital
  murder.  The County Criminal Courts Nos. 9 [5] and 10 of Tarrant
  County also have concurrent jurisdiction within the county of all
  appeals from criminal convictions under the laws of this state and
  the municipal ordinances of the municipalities located in Tarrant
  County that are appealed from the justice courts and municipal
  courts in the county.  [The County Criminal Courts Nos. 5, 7, 8, 9,
  and 10 of Tarrant County also have concurrent jurisdiction with the
  district court in felony cases to conduct arraignments, conduct
  pretrial hearings, and accept guilty pleas.]
         (i)  The official court reporter of a county criminal court
  is entitled to the same fees and salary as a district court reporter
  and shall perform the same duties and take the oath of office as
  provided by law for district court reporters.  [The official court
  reporter for the County Criminal Court No. 1 or 3 of Tarrant County
  is not required to take testimony in cases in which neither a party
  nor the judge demands it.]
         (j)  At least two bailiffs shall be assigned regularly to
  each county criminal court in [the County Criminal Court No. 1 of
  Tarrant County and the County Criminal Court No. 2 of] Tarrant
  County.  Except as provided by Subsection (j-2), each judge [the
  judges] of a county criminal court [the County Criminal Courts Nos.
  1 and 2 of Tarrant County] shall [each] appoint one officer to act
  as bailiff of the judge's court, and the sheriff of Tarrant County
  shall appoint a bailiff for each court as prescribed by law.  The
  bailiffs serve at the pleasure of the court and shall perform the
  duties required by the judge of the court to which the bailiffs are
  assigned.
         (j-2)  The judge of a county criminal court [listed in
  Subsection (j) or (j-1)] may authorize the sheriff to appoint all
  bailiffs in the judge's court.  If the sheriff is authorized by a
  judge to make the judge's appointment under this subsection, the
  sheriff shall appoint at least two officers to act as bailiffs for
  the judge's court.  A bailiff appointed under this subsection
  serves at the pleasure of the court and shall perform the duties
  required by the judge of the court to which the bailiff is assigned.
         (l)  The County Criminal Courts Nos. [Court No.] 5 and 6 of
  Tarrant County [and the County Criminal Court No. 6 of Tarrant
  County] shall give preference to cases brought under Title 5, Penal
  Code, involving family violence as defined by Section 71.004,
  Family Code, and cases brought under Sections 25.07, 25.072, and
  42.07(a)(2) [42.072], Penal Code.
         SECTION 13.  Section 54.651, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A magistrate appointed under this subchapter may not
  engage in the private practice of law, as defined by Section 81.101,
  in Tarrant County.
         SECTION 14.  Section 54.656(a), Government Code, is amended
  to read as follows:
         (a)  A judge may refer to a magistrate any criminal case or
  matter relating to a criminal case for proceedings involving:
               (1)  a negotiated plea of guilty or nolo contendere [no
  contest] and sentencing before the court;
               (2)  a bond forfeiture, remittitur, and related
  proceedings;
               (3)  a pretrial motion;
               (4)  a writ of habeas corpus;
               (5)  an examining trial;
               (6)  an occupational driver's license;
               (7)  a petition for an order of expunction under
  Chapter 55, Code of Criminal Procedure;
               (8)  an asset forfeiture hearing as provided by Chapter
  59, Code of Criminal Procedure;
               (9)  a petition for an order of nondisclosure of
  criminal history record information or an order of nondisclosure of
  criminal history record information that does not require a
  petition provided by Subchapter E-1, Chapter 411;
               (10)  a motion to modify or revoke community
  supervision or to proceed with an adjudication of guilt;
               (11)  setting conditions, modifying, revoking, and
  surrendering of bonds, including surety bonds;
               (12)  specialty court proceedings;
               (13)  a waiver of extradition; and
               (14)  any other matter the referring judge considers
  necessary and proper.
         SECTION 15.  Section 152.2264, Human Resources Code, is
  amended to read as follows:
         Sec. 152.2264.  TARRANT COUNTY CRIMINAL COURT
  ADMINISTRATOR.  (a)  Subject to the approval of the commissioners
  court, the judges of the district courts that give preference to
  criminal cases, the judges of the criminal district courts, and the
  judges of the county criminal courts of Tarrant County [and county
  courts in Tarrant County that give preference to criminal matters]
  may use the services of a criminal courts administrator.
         (b)  A judge may not be subjected to a suit for, and is immune
  from liability for damages arising from, an act or omission
  committed while performing a duty under this section unless the act
  or omission is:
               (1)  committed intentionally, wilfully, or wantonly;
  or
               (2)  committed with:
                     (A)  gross negligence; [or]
                     (B)  conscious indifference [or reckless
  disregard] for the safety of others; or
                     (C)  reckless disregard for the safety of others.
         SECTION 16.  The following provisions of the Government Code
  are repealed:
               (1)  Section 24.910(f);
               (2)  Sections 24.913(b), (c), and (e); and
               (3)  Sections 25.2223(b) and (j-1).
         SECTION 17.  This Act takes effect September 1, 2023.