| 1 | 1 | | By: Lewis (Senate Sponsor - West) H.B. No. 1875 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Jurisprudence; May 16, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 7, Nays 0; May 16, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to a case transferred from one district court to another |
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| 11 | 11 | | district court. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 24.003, Government Code, is amended by |
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| 14 | 14 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | (b) Unless provided otherwise by the local rules of |
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| 17 | 17 | | administration, a district judge in the county may: |
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| 18 | 18 | | (1) except as provided by Subsection (b-1), transfer |
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| 19 | 19 | | any civil or criminal case or proceeding on the court's docket, |
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| 20 | 20 | | other than a case governed by Chapter 155, Family Code, to the |
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| 21 | 21 | | docket of another district court in the county; |
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| 22 | 22 | | (2) hear and determine any case or proceeding pending |
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| 23 | 23 | | in another district court in the county without having the case |
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| 24 | 24 | | transferred; |
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| 25 | 25 | | (3) sit for another district court in the county and |
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| 26 | 26 | | hear and determine any case or proceeding pending in that court; |
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| 27 | 27 | | (4) temporarily exchange benches with the judge of |
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| 28 | 28 | | another district court in the county; |
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| 29 | 29 | | (5) try different cases in the same court at the same |
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| 30 | 30 | | time; and |
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| 31 | 31 | | (6) occupy the judge's own courtroom or the courtroom |
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| 32 | 32 | | of another district court in the county. |
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| 33 | 33 | | (b-1) Notwithstanding the local rules of administration, a |
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| 34 | 34 | | district judge may not transfer any civil or criminal case or |
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| 35 | 35 | | proceeding to the docket of another district court without the |
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| 36 | 36 | | consent of the judge of the court to which it is transferred. |
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| 37 | 37 | | SECTION 2. This Act applies only to the transfer of a case |
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| 38 | 38 | | or proceeding to the docket of another district court that occurs on |
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| 39 | 39 | | or after the effective date of this Act. The transfer of a case or |
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| 40 | 40 | | proceeding that occurs before the effective date of this Act is |
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| 41 | 41 | | governed by the law in effect on the date the case or proceeding is |
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| 42 | 42 | | transferred, and the former law is continued in effect for that |
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| 43 | 43 | | purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 45 | 45 | | * * * * * |
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