HBA-JRA C.S.H.B. 400 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 400 By: Thompson Judicial Affairs 4/21/1999 Committee Report (Substituted) 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. C.S.H.B. 400 creates 20 new district courts, 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. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.524 and 24.531-24.533, as follows: Sec. 24.524. 379TH JUDICIAL DISTRICT (HARRIS COUNTY). Creates the 379th Judicial District, composed of Harris County, and requires it to give preference to juvenile matters. 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. 24.532. 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. 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. 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 3. 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 4. 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 5. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.538, 24.540-24.541, 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 6. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.54224.547, as follows: Sec. 24.542. 397TH JUDICIAL DISTRICT (GRIMES, MADISON AND WALLER COUNTIES). Creates the 397th Judicial District, composed of Grimes, Madison, and Waller counties. Sec. 24.543. 398TH JUDICIAL DISTRICT (HIDALGO COUNTY). Creates the 398th Judicial District, composed of Hidalgo County, and requires it to give preference to family law and criminal matters. 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. 24.545. 400TH JUDICIAL DISTRICT (FORT BEND COUNTY). Creates the 400th Judicial District, composed of Fort Bend County. Sec. 24.546. 401ST JUDICIAL DISTRICT (COLLIN COUNTY). Creates the 401st Judicial District, composed of Collin County. Sec. 24.547. 402ND JUDICIAL DISTRICT (WOOD COUNTY). Creates the 402nd Judicial District, composed of Wood County. SECTION 7. Amends Section 24.216, Government Code, to delete Wood County from the 114th Judicial District. Makes conforming changes. SECTION 8. Amends Section 24.471, Government Code, to delete Wood County from the 294th Judicial District. Makes conforming changes. SECTION 9. 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 10. Amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.54924.551, 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 11. 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. Makes conforming changes. SECTION 12. Creates the 379th, 386th, 387th, 388th, and 389th judicial districts effective September 1, 1999. SECTION 13. Creates the 390th and 391st judicial districts effective October 1, 1999. SECTION 14. Creates the 393rd, 395th, and 396th judicial districts effective January 1, 2000. SECTION 15. Creates the 397th, 398th, 399th, 400th, 401st, and 402nd judicial districts effective September 1, 2000. SECTION 16. 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, 2000. Provides that, when such a case is transferred from one court to another, all processes, writs, bonds, recognizances, or other obligation 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 17. Creates the 403rd judicial district effective October 1, 2000. SECTION 18. Creates the 404th, 405th, and 406th judicial districts effective January 1, 2001. Requires the initial vacancy in the office 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 19. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original by deleting SECTION 1 of the original, which amends Subchapter C, Chapter 24, Government Code, by adding Sections 24.550-24.552, to create the 405th, 406th, and 407th judicial districts, composed of Harris, Bexar, and Fort Bend counties, respectively. The substitute also deletes SECTION 2 of the original, which provided the effective date. The substitute adds new SECTIONS 1-18 to create 20 new judicial districts. The substitute redesignates SECTION 3 of the original to SECTION 19.