Texas 2009 - 81st Regular

Texas House Bill HB250 Compare Versions

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11 81R2472 KLA-D
22 By: Alonzo H.B. No. 250
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the abolition of certain district courts, the creation
88 of additional district courts, and the election of district court
99 judges in certain counties.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. (a) For district court elections in the counties
1212 named in this Act in 2012 and thereafter, judges shall be elected
1313 from election subdistricts as assigned by the legislature.
1414 (b) The legislature finds that this Act is consistent with
1515 all provisions of the Texas Constitution.
1616 SECTION 2. Subchapter A, Chapter 24, Government Code, is
1717 amended by adding Section 24.0015 to read as follows:
1818 Sec. 24.0015. RESIDENCY REQUIREMENT OF JUDGES. A district
1919 judge elected by place from an area that is less than the entire
2020 judicial district may, but need not, be a resident of the area from
2121 which elected.
2222 SECTION 3. Effective January 1, 2013, Subchapter C, Chapter
2323 24, Government Code, is amended by adding Sections 24.587, 24.588,
2424 24.590, 24.591, 24.594, 24.595, 24.596, and 24.597 to read as
2525 follows:
2626 Sec. 24.587. 443RD JUDICIAL DISTRICT (HARRIS COUNTY). (a)
2727 The 443rd Judicial District is composed of Harris County.
2828 (b) The district has 30 judges who are elected by place as
2929 provided by Subsection (c). For purposes of this section, a
3030 commissioners court precinct is composed of the area in the
3131 precinct on January 1, 2009.
3232 (c) One judge shall be elected for each of the following
3333 places:
3434 (1) places 1, 2, 3, 4, 5, 6, 7, and 8 shall be elected
3535 by voters residing in Commissioners Court Precinct No. 1;
3636 (2) places 9, 10, 11, 12, 13, 14, 15, and 16 shall be
3737 elected by voters residing in Commissioners Court Precinct No. 2;
3838 (3) places 17, 18, 19, 20, 21, 22, and 23 shall be
3939 elected by voters residing in Commissioners Court Precinct No. 3;
4040 and
4141 (4) places 24, 25, 26, 27, 28, 29, and 30 shall be
4242 elected by voters residing in Commissioners Court Precinct No. 4.
4343 Sec. 24.588. 444TH JUDICIAL DISTRICT (DALLAS COUNTY). (a)
4444 The 444th Judicial District is composed of Dallas County.
4545 (b) The district has 20 judges who are elected by place as
4646 provided by Subsection (c). For purposes of this section, a
4747 commissioners court precinct is composed of the area in the
4848 precinct on January 1, 2009.
4949 (c) One judge shall be elected for each of the following
5050 places:
5151 (1) places 1, 2, 3, 4, and 5 shall be elected by voters
5252 residing in Commissioners Court Precinct No. 1;
5353 (2) places 6, 7, 8, 9, and 10 shall be elected by
5454 voters residing in Commissioners Court Precinct No. 2;
5555 (3) places 11, 12, 13, 14, and 15 shall be elected by
5656 voters residing in Commissioners Court Precinct No. 3; and
5757 (4) places 16, 17, 18, 19, and 20 shall be elected by
5858 voters residing in Commissioners Court Precinct No. 4.
5959 Sec. 24.590. 446TH JUDICIAL DISTRICT (TARRANT COUNTY). (a)
6060 The 446th Judicial District is composed of Tarrant County.
6161 (b) The district has 13 judges who are elected by place as
6262 provided by Subsection (c). For purposes of this section, a
6363 commissioners court precinct is composed of the area in the
6464 precinct on January 1, 2009.
6565 (c) One judge shall be elected for each of the following
6666 places:
6767 (1) places 1, 2, 3, and 4 shall be elected by voters
6868 residing in Commissioners Court Precinct No. 1;
6969 (2) places 5, 6, and 7 shall be elected by voters
7070 residing in Commissioners Court Precinct No. 2;
7171 (3) places 8, 9, and 10 shall be elected by voters
7272 residing in Commissioners Court Precinct No. 3; and
7373 (4) places 11, 12, and 13 shall be elected by voters
7474 residing in Commissioners Court Precinct No. 4.
7575 Sec. 24.591. 447TH JUDICIAL DISTRICT (BEXAR COUNTY). (a)
7676 The 447th Judicial District is composed of Bexar County.
7777 (b) The district has 12 judges who are elected by place as
7878 provided by Subsection (c). For purposes of this section, a
7979 commissioners court precinct is composed of the area in the
8080 precinct on January 1, 2009.
8181 (c) One judge shall be elected for each of the following
8282 places:
8383 (1) places 1, 2, and 3 shall be elected by voters
8484 residing in Commissioners Court Precinct No. 1;
8585 (2) places 4, 5 and 6 shall be elected by voters
8686 residing in Commissioners Court Precinct No. 2;
8787 (3) places 7, 8, and 9 shall be elected by voters
8888 residing in Commissioners Court Precinct No. 3; and
8989 (4) places 10, 11, and 12 shall be elected by voters
9090 residing in Commissioners Court Precinct No. 4.
9191 Sec. 24.594. 450TH JUDICIAL DISTRICT (JEFFERSON COUNTY).
9292 (a) The 450th Judicial District is composed of Jefferson County.
9393 (b) The district has five judges who are elected by place as
9494 provided by Subsection (c). For purposes of this section, a
9595 commissioners court precinct is composed of the area in the
9696 precinct on January 1, 2009.
9797 (c) One judge shall be elected for each of the following
9898 places:
9999 (1) places 1 and 2 shall be elected by voters residing
100100 in Commissioners Court Precinct No. 1;
101101 (2) place 3 shall be elected by voters residing in
102102 Commissioners Court Precinct No. 2;
103103 (3) place 4 shall be elected by voters residing in
104104 Commissioners Court Precinct No. 3; and
105105 (4) place 5 shall be elected by voters residing in
106106 Commissioners Court Precinct No. 4.
107107 Sec. 24.595. 451ST JUDICIAL DISTRICT (LUBBOCK COUNTY). (a)
108108 The 451st Judicial District is composed of Lubbock County.
109109 (b) The district has three judges who are elected by place
110110 as provided by Subsection (c). For purposes of this section, a
111111 commissioners court precinct is composed of the area in the
112112 precinct on January 1, 2009.
113113 (c) One judge shall be elected for each of the following
114114 places:
115115 (1) place 1 shall be elected by voters residing in
116116 Commissioners Court Precinct No. 1;
117117 (2) place 2 shall be elected by voters residing in
118118 Commissioners Court Precinct No. 2; and
119119 (3) place 3 shall be elected by voters residing in
120120 Commissioners Court Precinct No. 3.
121121 Sec. 24.596. 452ND JUDICIAL DISTRICT (ECTOR COUNTY). (a)
122122 The 452nd Judicial District is composed of Ector County.
123123 (b) The district has two judges who are elected by place as
124124 provided by Subsection (c). For purposes of this section, a
125125 commissioners court precinct is composed of the area in the
126126 precinct on January 1, 2009.
127127 (c) One judge shall be elected for each of the following
128128 places:
129129 (1) place 1 shall be elected by voters residing in
130130 Commissioners Court Precinct No. 1; and
131131 (2) place 2 shall be elected by voters residing in
132132 Commissioners Court Precinct No. 2.
133133 Sec. 24.597. 453RD JUDICIAL DISTRICT (MIDLAND COUNTY). (a)
134134 The 453rd Judicial District is composed of Midland County.
135135 (b) The district has two judges who are elected by place as
136136 provided by Subsection (c). For purposes of this section, a
137137 commissioners court precinct is composed of the area in the
138138 precinct on January 1, 2009.
139139 (c) One judge shall be elected for each of the following
140140 places:
141141 (1) place 1 shall be elected by voters residing in
142142 Commissioners Court Precinct No. 1; and
143143 (2) place 2 shall be elected by voters residing in
144144 Commissioners Court Precinct No. 2.
145145 SECTION 4. Effective January 1, 2015, Sections 24.587(b)
146146 and (c), Government Code, as added by Section 3 of this Act, are
147147 amended to read as follows:
148148 (b) The district has 59 [30] judges who are elected by place
149149 as provided by Subsection (c). For purposes of this section, a
150150 commissioners court precinct is composed of the area in the
151151 precinct on January 1, 2009.
152152 (c) One judge shall be elected for each of the following
153153 places:
154154 (1) places 1, 2, 3, 4, 5, 6, 7, [and] 8, 31, 32, 33, 34,
155155 35, 36, and 37 shall be elected by voters residing in Commissioners
156156 Court Precinct No. 1;
157157 (2) places 9, 10, 11, 12, 13, 14, 15, [and] 16, 38, 39,
158158 40, 41, 42, 43, and 44 shall be elected by voters residing in
159159 Commissioners Court Precinct No. 2;
160160 (3) places 17, 18, 19, 20, 21, 22, [and] 23, 45, 46,
161161 47, 48, 49, 50, 51, and 52 shall be elected by voters residing in
162162 Commissioners Court Precinct No. 3; and
163163 (4) places 24, 25, 26, 27, 28, 29, [and] 30, 53, 54,
164164 55, 56, 57, 58, and 59 shall be elected by voters residing in
165165 Commissioners Court Precinct No. 4.
166166 SECTION 5. Effective January 1, 2015, Sections 24.588(b)
167167 and (c), Government Code, as added by Section 3 of this Act, are
168168 amended to read as follows:
169169 (b) The district has 39 [20] judges who are elected by place
170170 as provided by Subsection (c). For purposes of this section, a
171171 commissioners court precinct is composed of the area in the
172172 precinct on January 1, 2009.
173173 (c) One judge shall be elected for each of the following
174174 places:
175175 (1) places 1, 2, 3, 4, [and] 5, 21, 22, 23, 24, and 25
176176 shall be elected by voters residing in Commissioners Court Precinct
177177 No. 1;
178178 (2) places 6, 7, 8, 9, [and] 10, 26, 27, 28, 29, and 30
179179 shall be elected by voters residing in Commissioners Court Precinct
180180 No. 2;
181181 (3) places 11, 12, 13, 14, [and] 15, 31, 32, 33, 34,
182182 and 35 shall be elected by voters residing in Commissioners Court
183183 Precinct No. 3; and
184184 (4) places 16, 17, 18, 19, [and] 20, 36, 37, 38, and 39
185185 shall be elected by voters residing in Commissioners Court Precinct
186186 No. 4.
187187 SECTION 6. Effective January 1, 2015, Sections 24.590(b)
188188 and (c), Government Code, as added by Section 3 of this Act, are
189189 amended to read as follows:
190190 (b) The district has 26 [13] judges who are elected by place
191191 as provided by Subsection (c). For purposes of this section, a
192192 commissioners court precinct is composed of the area in the
193193 precinct on January 1, 2009.
194194 (c) One judge shall be elected for each of the following
195195 places:
196196 (1) places 1, 2, 3, [and] 4, 14, 15, and 16 shall be
197197 elected by voters residing in Commissioners Court Precinct No. 1;
198198 (2) places 5, 6, [and] 7, 17, 18, 19, and 20 shall be
199199 elected by voters residing in Commissioners Court Precinct No. 2;
200200 (3) places 8, 9, [and] 10, 21, 22, and 23 shall be
201201 elected by voters residing in Commissioners Court Precinct No. 3;
202202 and
203203 (4) places 11, 12, [and] 13, 24, 25, and 26 shall be
204204 elected by voters residing in Commissioners Court Precinct No. 4.
205205 SECTION 7. Effective January 1, 2015, Sections 24.591(b)
206206 and (c), Government Code, as added by Section 3 of this Act, are
207207 amended to read as follows:
208208 (b) The district has 24 [12] judges who are elected by place
209209 as provided by Subsection (c). For purposes of this section, a
210210 commissioners court precinct is composed of the area in the
211211 precinct on January 1, 2009.
212212 (c) One judge shall be elected for each of the following
213213 places:
214214 (1) places 1, 2, [and] 3, 13, 14, and 15 shall be
215215 elected by voters residing in Commissioners Court Precinct No. 1;
216216 (2) places 4, 5, [and] 6, 16, 17, and 18 shall be
217217 elected by voters residing in Commissioners Court Precinct No. 2;
218218 (3) places 7, 8, [and] 9, 19, 20, and 21 shall be
219219 elected by voters residing in Commissioners Court Precinct No. 3;
220220 and
221221 (4) places 10, 11, [and] 12, 22, 23, and 24 shall be
222222 elected by voters residing in Commissioners Court Precinct No. 4.
223223 SECTION 8. Effective January 1, 2015, Sections 24.594(b)
224224 and (c), Government Code, as added by Section 3 of this Act, are
225225 amended to read as follows:
226226 (b) The district has eight [five] judges who are elected by
227227 place as provided by Subsection (c). For purposes of this section,
228228 a commissioners court precinct is composed of the area in the
229229 precinct on January 1, 2009.
230230 (c) One judge shall be elected for each of the following
231231 places:
232232 (1) places 1 and 2 shall be elected by voters residing
233233 in Commissioners Court Precinct No. 1;
234234 (2) places [place] 3 and 6 shall be elected by voters
235235 residing in Commissioners Court Precinct No. 2;
236236 (3) places [place] 4 and 7 shall be elected by voters
237237 residing in Commissioners Court Precinct No. 3; and
238238 (4) places [place] 5 and 8 shall be elected by voters
239239 residing in Commissioners Court Precinct No. 4.
240240 SECTION 9. Effective January 1, 2015, Sections 24.595(b)
241241 and (c), Government Code, as added by Section 3 of this Act, are
242242 amended to read as follows:
243243 (b) The district has five [three] judges who are elected by
244244 place as provided by Subsection (c). For purposes of this section,
245245 a commissioners court precinct is composed of the area in the
246246 precinct on January 1, 2009.
247247 (c) One judge shall be elected for each of the following
248248 places:
249249 (1) places [place] 1 and 5 shall be elected by voters
250250 residing in Commissioners Court Precinct No. 1;
251251 (2) place 2 shall be elected by voters residing in
252252 Commissioners Court Precinct No. 2; [and]
253253 (3) place 3 shall be elected by voters residing in
254254 Lubbock County Commissioners Court Precinct No. 3; and
255255 (4) place 4 shall be elected by voters residing in
256256 Lubbock County Commissioners Court Precinct No. 4.
257257 SECTION 10. Effective January 1, 2015, Sections 24.596(b)
258258 and (c), Government Code, as added by Section 3 of this Act, are
259259 amended to read as follows:
260260 (b) The district has four [two] judges who are elected by
261261 place as provided by Subsection (c). For purposes of this section,
262262 a commissioners court precinct is composed of the area in the
263263 precinct on January 1, 2009.
264264 (c) One judge shall be elected for each of the following
265265 places:
266266 (1) place 1 shall be elected by voters residing in
267267 Commissioners Court Precinct No. 1; [and]
268268 (2) place 2 shall be elected by voters residing in
269269 Commissioners Court Precinct No. 2;
270270 (3) place 3 shall be elected by voters residing in
271271 Commissioners Court Precinct No. 3; and
272272 (4) place 4 shall be elected by voters residing in
273273 Commissioners Court Precinct No. 4.
274274 SECTION 11. Effective January 1, 2015, Sections 24.597(b)
275275 and (c), Government Code, as added by Section 3 of this Act, are
276276 amended to read as follows:
277277 (b) The district has four [two] judges who are elected by
278278 place as provided by Subsection (c). For purposes of this section,
279279 a commissioners court precinct is composed of the area in the
280280 precinct on January 1, 2009.
281281 (c) One judge shall be elected for each of the following
282282 places:
283283 (1) place 1 shall be elected by voters residing in
284284 Commissioners Court Precinct No. 1; [and]
285285 (2) place 2 shall be elected by voters residing in
286286 Commissioners Court Precinct No. 2;
287287 (3) place 3 shall be elected by voters residing in
288288 Commissioners Court Precinct No. 3; and
289289 (4) place 4 shall be elected by voters residing in
290290 Commissioners Court Precinct No. 4.
291291 SECTION 12. (a) Effective January 1, 2013, the following
292292 sections of the Government Code are repealed:
293293 (1) 24.112, 24.157, 24.163, 24.182, 24.215, 24.227,
294294 24.229, 24.231, 24.235, 24.250, 24.251, 24.256, 24.261, 24.262,
295295 24.267, 24.269, 24.270, 24.271, 24.272, 24.273, 24.362, 24.363,
296296 24.364, 24.365, 24.368, 24.369, 24.387, 24.388, 24.394, and 24.406;
297297 (2) 24.115, 24.146, 24.170, 24.197, 24.203, 24.218,
298298 24.236, 24.257, 24.259, 24.370, 24.371, 24.372, 24.373, 24.374,
299299 24.382, 24.383, 24.901, 24.902, 24.903, and 24.904;
300300 (3) 24.118, 24.150, 24.169, 24.198, 24.252, 24.352,
301301 24.392, 24.408, 24.410, 24.413, 24.474, 24.910, and 24.911;
302302 (4) 24.139, 24.147, 24.159, 24.175, 24.233, 24.245,
303303 24.249, 24.263, 24.268, 24.274, 24.366, and 24.402;
304304 (5) 24.160, 24.162, 24.238, 24.359, and 24.920;
305305 (6) 24.201, 24.239, and 24.242;
306306 (7) 24.172 and 24.258; and
307307 (8) 24.243 and 24.415.
308308 (b) A judicial district created by a section of the
309309 Government Code that is repealed by Subsection (a) of this section
310310 is abolished January 1, 2013.
311311 SECTION 13. (a) Effective January 1, 2015, the following
312312 sections of the Government Code are repealed:
313313 (1) 24.407, 24.409, 24.411, 24.422, 24.423, 24.424,
314314 24.425, 24.434, 24.439, 24.440, 24.446, 24.447, 24.457, 24.458,
315315 24.472, 24.479, 24.480, 24.483, 24.484, 24.485, 24.497, 24.616,
316316 24.617, 24.618, 24.619, 24.620, 24.621, 24.622, and 24.623;
317317 (2) 24.431, 24.432, 24.433, 24.442, 24.459, 24.460,
318318 24.468, 24.469, 24.475, 24.508, 24.609, 24.610, 24.611, 24.612,
319319 24.613, 24.638, 24.905, 24.906, and 24.907;
320320 (3) 24.488, 24.494, 24.498, 24.516, 24.517, 24.541,
321321 24.630, 24.631, 24.632, 24.633, 24.639, 24.912, and 24.913;
322322 (4) 24.403, 24.404, 24.405, 24.462, 24.465, 24.466,
323323 24.467, 24.524, 24.531, 24.544, 24.552, and 24.554;
324324 (5) 24.429, 24.456, and 24.625;
325325 (6) 24.414 and 24.509;
326326 (7) 24.421 and 24.504; and
327327 (8) 24.530 and 24.626.
328328 (b) A judicial district created by a section of the
329329 Government Code that is repealed by Subsection (a) of this section
330330 is abolished January 1, 2015.
331331 SECTION 14. (a) The judicial offices created by Section 3
332332 of this Act exist for purposes of the primary and general elections
333333 for state and county officers in 2012.
334334 (b) Not later than December 15, 2012, the judge of a
335335 district court that is abolished by Section 12 of this Act shall
336336 transfer all cases pending in the court to another district court in
337337 the county. The court to which the cases are transferred may not be
338338 a court that is abolished by Section 12 of this Act.
339339 (c) The judicial offices created by Sections 4 through 11 of
340340 this Act exist for purposes of the primary and general elections for
341341 state and county officers in 2014.
342342 (d) Not later than December 15, 2014, the judge of a
343343 district court that is abolished by Section 13 of this Act shall
344344 transfer all cases pending in the court to another district court in
345345 the county that is created by Section 3 of this Act.
346346 (e) When a case is transferred from one court to another as
347347 provided by Subsection (b) or (d) of this section, all processes,
348348 writs, bonds, recognizances, or other obligations issued from the
349349 transferring court are returnable to the court to which the case is
350350 transferred as if originally issued by that court. The obligees in
351351 all bonds and recognizances taken in and for a court from which a
352352 case is transferred, and all witnesses summoned to appear in a court
353353 from which a case is transferred, are required to appear before the
354354 court to which a case is transferred as if originally required to
355355 appear before the court to which the transfer is made.
356356 SECTION 15. Except as provided by Sections 3 through 11,
357357 12(a), and 13(a) of this Act, this Act takes effect September 1,
358358 2009.