1 | 1 | | 84R9818 LED-F |
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2 | 2 | | By: Faircloth H.B. No. 1688 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to proceedings held in auxiliary facilities outside |
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8 | 8 | | certain county seats. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 24.430, Government Code, is amended by |
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11 | 11 | | adding Subsection (c) to read as follows: |
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12 | 12 | | (c) Section 24.490, relating to the 344th District Court, |
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13 | 13 | | contains provisions applicable to both that court and the 253rd |
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14 | 14 | | District Court in Chambers County. |
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15 | 15 | | SECTION 2. Section 24.490, Government Code, is amended by |
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16 | 16 | | adding Subsections (d), (e), and (f) to read as follows: |
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17 | 17 | | (d) Notwithstanding Section 24.030, a district court in |
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18 | 18 | | Chambers County may sit in a suitable facility outside the county |
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19 | 19 | | seat if the facility is designated by the commissioners court as an |
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20 | 20 | | auxiliary county seat, as provided by Section 292.031, Local |
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21 | 21 | | Government Code. |
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22 | 22 | | (e) A district court in Chambers County sitting in an |
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23 | 23 | | auxiliary court facility designated by the commissioners court as |
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24 | 24 | | an auxiliary county seat may hear, in all case types, the motions, |
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25 | 25 | | arguments, nonjury trials and jury trials, and any other matters |
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26 | 26 | | before the court within the court's jurisdiction. |
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27 | 27 | | (f) The district clerk or the clerk's deputy serves as clerk |
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28 | 28 | | of the court when a district court sits in a facility designated as |
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29 | 29 | | an auxiliary county seat and may keep all necessary books, minutes, |
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30 | 30 | | records, and papers at the facility. |
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31 | 31 | | SECTION 3. Subchapter B, Chapter 292, Local Government |
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32 | 32 | | Code, is amended by adding Section 292.031 to read as follows: |
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33 | 33 | | Sec. 292.031. FACILITIES OUTSIDE COUNTY SEAT IN CERTAIN |
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34 | 34 | | COUNTIES. (a) This section applies only to a county with a |
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35 | 35 | | population of less than 40,000 that is adjacent to a county with a |
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36 | 36 | | population of more than 3.3 million. |
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37 | 37 | | (b) The commissioners court of a county may provide an |
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38 | 38 | | auxiliary court facility, office building, or jail facility at a |
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39 | 39 | | location in the county and within 10 miles of the boundaries of the |
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40 | 40 | | county seat in the same manner that is applicable to a court, |
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41 | 41 | | building, or facility at the county seat. The commissioners court |
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42 | 42 | | may provide for the building or facility through the issuance of |
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43 | 43 | | bonds or other evidences of indebtedness as provided under Section |
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44 | 44 | | 292.002 and may provide office space in the building or facility for |
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45 | 45 | | any county or precinct office. |
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46 | 46 | | (c) The auxiliary court facility may be used for the holding |
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47 | 47 | | of court proceedings, including district court proceedings. For the |
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48 | 48 | | purpose of the court proceedings, the commissioners court may |
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49 | 49 | | designate the location of the auxiliary court as an auxiliary |
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50 | 50 | | county seat. |
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51 | 51 | | (d) The records of a county officer who is provided space at |
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52 | 52 | | a court facility, building, or other facility under this section |
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53 | 53 | | may be kept at the building or facility. |
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54 | 54 | | SECTION 4. This Act takes effect immediately if it receives |
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55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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58 | 58 | | Act takes effect September 1, 2015. |
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