HBA-ATS, JRA H.B. 400 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 400 By: Thompson Judicial Affairs 7/21/1999 Enrolled BACKGROUND AND PURPOSE With the exception of El Paso County, no new district courts have been created in urban counties since 1989, while voting rights cases challenging the at-large election of district judges in Texas' large urban counties were being heard in the courts. At-large elections for district court judges were found not to violate Section 2 of the federal Voting Rights Act in LULAC v. Clements, 986 F.2d 728 (5th Cir. 1993) (en banc) cert. denied 510 U.S. 1071, 114 S.Ct. 878 (1994). No new district courts at all have been approved since 1993. The 75th Texas Legislature passed legislation creating 15 new courts, nearly all in urban areas, but the bill was vetoed by the governor. H.B. 400 creates new judicial districts, all of which are located in counties with a caseload in excess of the statewide average. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Effective September 1, 1999. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.524, 24.531, and 24.533, as follows: Sec. 24.524. 379TH JUDICIAL DISTRICT (BEXAR COUNTY). Creates the 379th Judicial District, composed of Bexar County. Sec. 24.531. 386TH JUDICIAL DISTRICT (BEXAR COUNTY). Creates the 386th Judicial District, composed of Bexar County, and requires it to give preference to juvenile matters. Sec. 24.533. 388TH JUDICIAL DISTRICT (EL PASO COUNTY). Creates the 388th Judicial District, composed of El Paso County, and requires it to give preference to family law matters. SECTION 2. Effective September 1, 1999. (a) Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.532, as follows: Sec. 24.532. 387TH JUDICIAL DISTRICT (FORT BEND COUNTY). Creates the 387th Judicial District, composed of Fort Bend County, and requires it to give preference to family law matters. (b) Creates the 387th Judicial District on September 1, 1999. SECTION 3. Effective September 1, 1999. Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.534, as follows: Sec. 24.534. 389TH JUDICIAL DISTRICT (HIDALGO COUNTY). Creates the 389th Judicial District, composed of Hidalgo County, and requires it to give preference to criminal matters. SECTION 4. (a) Effective September 1, 1999. Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.543, as follows: Sec. 24.543. 398TH JUDICIAL DISTRICT (HIDALGO COUNTY). (a) Creates the 398th Judicial District, composed of Hidalgo County, and requires it to give preference to family violence and criminal matters. (b) Creates the 398th Judicial District on September 1, 1999. SECTION 5. Effective October 1, 1999. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.535 and 24.536, as follows: Sec. 24.535. 390TH JUDICIAL DISTRICT (TRAVIS COUNTY). Creates the 390th Judicial District, composed of Travis County, and requires it to give preference to criminal matters. Sec. 24.536. 391ST JUDICIAL DISTRICT (TOM GREEN COUNTY). Creates the 391st Judicial District, composed of Tom Green County. Provides that the terms of the 391st District Court begin on the first Mondays in March and September. Authorizes indictments within Tom Green County issued by any district court in the county to be returned to the 391st District Court. Provides that Section 24.153, relating to the 51st District Court, contains provisions applicable to both that court and the 391st District Court. SECTION 6. Effective October 1, 1999. Amends Section 24.153(c), Government Code, to add the 391st District Court to the group of courts consisting of the 51st, 119th, and 340th district courts, which are authorized to exchange benches and sit for each other without formal order. SECTION 7. Effective January 1, 2000. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.538, 24.540, and 24.541, as follows: Sec. 24.538. 393RD JUDICIAL DISTRICT (DENTON COUNTY). Creates the 393rd Judicial District, composed of Denton County, and requires it to give preference to family law matters. Sec. 24.540. 395TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). Creates the 395th Judicial District, composed of Williamson County. Sec. 24.541. 396TH JUDICIAL DISTRICT (TARRANT COUNTY). Creates the 396th Judicial District, composed of Tarrant County, and requires it to give preference to criminal matters. SECTION 8. Effective January 1, 2000. Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.554, as follows: Sec. 24.554. 408TH JUDICIAL DISTRICT (BEXAR COUNTY). Creates the 408th Judicial District, composed of Bexar County, and requires it to give preference to civil matters. SECTION 9. Effective September 1, 2000. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.544, 24.546, and 24.555, as follows: Sec. 24.544. 399TH JUDICIAL DISTRICT (BEXAR COUNTY). Creates the 399th Judicial District, composed of Bexar County, and requires it to give preference to criminal matters. Sec. 24.546. 401ST JUDICIAL DISTRICT (COLLIN COUNTY). Creates the 401st Judicial District, composed of Collin County. Sec. 24.555. 409TH JUDICIAL DISTRICT (EL PASO COUNTY). Creates the 409th Judicial District, composed of El Paso County. SECTION 10. Effective September 1, 1999. Amends Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.547 to read as follows: Sec. 24.547. 402ND JUDICIAL DISTRICT (WOOD COUNTY). Creates the 402nd Judicial District, composed of Wood County, and provides it with concurrent jurisdiction with the county court in Wood County over all matters of civil and criminal jurisdiction, original and appellate, in cases over which the county court has jurisdiction under the constitution and laws of this state. Authorizes matters and proceedings in the concurrent jurisdiction of the 402nd District Court and the county court to be filed in either court. Authorizes all cases of concurrent jurisdiction to be transferred between the 402nd District Court and the county court. Prohibits a case from being transferred from one court to another without the consent of the judge of the court to which it is transferred. Prohibits a case from being transferred unless it is within the jurisdiction of the court to which it is transferred. SECTION 11. (a) Effective September 1, 2000. Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.545, as follows: Sec. 24.545. 400TH JUDICIAL DISTRICT (FORT BEND COUNTY). Creates the 400th Judicial District, composed of Fort Bend County. (b) Creates the 400th Judicial District on September 1, 2000. SECTION 12. Effective September 1, 1999. Amends Section 24.216, Government Code, to delete Wood County from the 114th Judicial District. Makes conforming changes. SECTION 13. Effective September 1, 1999. Amends Section 24.471, Government Code, to delete Wood County from the 294th Judicial District. Makes conforming changes. SECTION 14. Effective December 1, 2000. Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.548, as follows: Sec. 24.548. 403RD JUDICIAL DISTRICT (TRAVIS COUNTY). Creates the 403rd Judicial District, composed of Travis County, and requires it to give preference to criminal matters. SECTION 15. Effective January 1, 2001. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.549-24.551, as follows: Sec. 24.549. 404TH JUDICIAL DISTRICT (CAMERON COUNTY). Creates the 404th Judicial District, composed of Cameron County. Sec. 24.550. 405TH JUDICIAL DISTRICT (GALVESTON COUNTY). Creates the 405th Judicial District, composed of Galveston County. Sec. 24.551. 406TH JUDICIAL DISTRICT (WEBB COUNTY). Creates the 406th Judicial District, composed of Webb County, and requires it to give preference to family violence, cases under the Family Code, and cases under the Health and Safety Code. SECTION 16. Effective January 1, 2001. Amends Subchapter C, Chapter 24, Government Code, by adding Section 24.552, as follows: Sec. 24.552. 407TH JUDICIAL DISTRICT (BEXAR COUNTY). Creates the 407th Judicial District, composed of Bexar County. SECTION 17. Effective January 1, 2001. Amends Section 24.151(f), Government Code, to require all tax suits to be assigned and docketed in the 49th District Court. Requires all cases involving family violence, all cases under the Family Code, and all cases under the Health and Safety Code to be assigned and docketed in the 406th District Court. Deletes the requirement that all other cases be assigned and docketed at random by the district clerk according to the following percentages: 49th District Court, 20 percent; 111th District Court, 60 percent; and the 341st District Court, 20 percent. Makes conforming changes. SECTION 18. Effective September 1, 1999. Amends Sections 24.185 and 43.133, Government Code, as follows: Sec. 24.185. New title: 83RD JUDICIAL DISTRICT (PECOS, REAGAN, TERRELL, UPTON, AND VAL VERDE COUNTIES). Includes Terrell and Val Verde counties within the 83rd Judicial District. Provides the 83rd and 63rd district courts with concurrent jurisdiction in Terrell and Val Verde counties. Changes the date on which the terms of the 83rd District Court begin from the ninth Monday after the first Mondays in January and July to the second Monday in January and July. Deletes text requiring the secretary of state to submit changes in this district's court composition to the U.S. Department of Justice for preclearance. Makes conforming changes. Sec. 43.133. 63RD JUDICIAL DISTRICT. Provides that the district attorney for the 63rd Judicial District also acts as district attorney for the 83rd Judicial District in Terrell and Val Verde counties. SECTION 19. Creates the 379th, 386th, 388th, 389th, and 402nd judicial districts, on September 1, 1999. SECTION 20. Creates the 390th and 391st judicial districts, on October 1, 1999. SECTION 21. Creates the 393rd, 395th, 396th, and 408th judicial districts, on January 1, 2000. SECTION 22. Creates the 399th, 401st, 407th, and 409th judicial districts, on September 1, 2000. SECTION 23. Requires the local administrative district judge to transfer all cases from Wood County that are pending in the 114th District Court or the 294th District Court to the 402nd District Court on September 1, 1999. Provides that, when such a case is transferred from one court to another, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred, as if originally issued by that court. Provides that the obligees in all bonds and recognizances taken in and for a court from which a case is transferred, and all witnesses summoned to appear in a court from which a case is transferred, are required to appear before the court to which a case is transferred as if originally required to appear before the court to which the transfer is made. SECTION 24. Creates the 403rd judicial district, on December 1, 2000. SECTION 25. Creates the 404th, 405th, and 406th judicial districts, on January 1, 2001. Requires the initial vacancy in the offices of judge of the 404th, 405th, and 406th judicial districts to be filled by election. Provides that the offices exist for purposes of the primary and general elections in 2000. Provides that a vacancy after the initial vacancy is filled as provided by Section 28 (Vacancies In Offices Of Judges Of Superior Courts To Be Filled By The Governor), Article V (Judicial Department), Texas Constitution. SECTION 26. Provides that the effective date of the Act creating the office is the effective date of the Government Code section establishing the court under this Act for purposes of Section 201.027, Election Code, except that this section does not apply to the creation of the office of judge for a judicial district created by Section 15 of this Act. SECTION 27. Emergency clause.