S.B. No. 2217
AN ACT
relating to the designation of a judicial district in Harris County
as the district court for domestic violence cases in that county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.112, Government Code, is amended by
amending Subsection (b) and adding Subsections (g), (h), (i), (j),
(k), and (l) to read as follows:
(b) Except as provided by Subsection (g), the [The]
provisions of this section apply to the 11th, 55th, 61st, 80th,
113th, 125th, 127th, 129th, 133rd, 151st, 152nd, 157th, 164th, and
165th judicial districts.
(g) Subsection (h) applies to the 11th, 55th, 61st, 80th,
113th, 125th, 127th, 129th, 133rd, 151st, 152nd, 157th, 164th,
165th, 189th, 190th, 215th, 234th, 269th, 270th, 280th, 281st,
295th, 333rd, and 334th judicial districts.
(h) The judges of the district courts listed in Subsection
(g) by agreement shall designate one of the listed district courts
as the domestic violence district court for Harris County. In
designating the domestic violence district court, the judges shall
give preference to a district court:
(1) that has a judicial vacancy at the time of the
agreement; or
(2) for which the sitting judge of the district court
has not at the time of the agreement announced a candidacy or become
a candidate in the upcoming election for that judicial office.
(i) Subject to any jurisdictional limitations, the district
court designated under Subsection (h) as the domestic violence
district court shall give preference to domestic violence cases,
including cases involving:
(1) dating violence, as defined by Section 71.0021,
Family Code; and
(2) family violence, as defined by Section 71.004,
Family Code.
(j) For the purposes of determining the preference the
designated domestic violence district court is required to give
cases under Subsection (i):
(1) a domestic violence case means:
(A) an original application for a protective
order under Title 4, Family Code;
(B) an original application for a protective
order under Title 4, Family Code, that involves both parties and is
filed concurrently with an original petition under the Family Code;
and
(C) any matter involving custody of a minor child
if one parent is alleged to have caused the death of another parent
and there is a history of domestic violence in the parents'
relationship; and
(2) subject to judicial discretion and resources, the
designated domestic violence district court may also hear divorce
and custody cases in which:
(A) a court has made an affirmative finding of
family violence involving both parties; or
(B) a protective order has been issued under
Title 4, Family Code, involving both parties.
(k) The designated domestic violence district court shall:
(1) provide timely and efficient access to emergency
protective orders and other court remedies for persons the court
determines are victims of domestic violence;
(2) integrate victims' services for persons the court
determines are victims of domestic violence who have a case before
the court; and
(3) promote an informed and consistent court response
to domestic violence cases to lessen the number of misdemeanors,
felonies, and fatalities related to domestic violence in Harris
County.
(l) The Harris County district clerk shall create a form and
establish procedures to transfer a domestic violence case that
qualifies for preference under this section to the domestic
violence district court.
SECTION 2. Not later than October 1, 2009, the judges of the
district courts listed in Subsection (g), Section 24.112,
Government Code, as added by this Act, shall by agreement designate
a listed court as the domestic violence district court for Harris
County. If the judges fail to designate a domestic violence
district court on or before October 1, 2009, the local
administrative judge for the Harris County district courts shall
designate a domestic violence court not later than October 5, 2009.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2217 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2217 passed the House on
May 26, 2009, by the following vote: Yeas 146, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor