Texas 2023 - 88th Regular

Texas House Bill HB3386 Compare Versions

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1	1	88R10302 CJD-F
2	2	By: Cook, Goldman, Capriglione, Schatzline H.B. No. 3386
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal district courts, statutory county courts,
8	8	and criminal law magistrates in Tarrant County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 24.392, Government Code, is amended by
11	11	amending Subsections (b) and (c) and adding Subsection (d) to read
12	12	as follows:
13	13	(b) The 213th District Court shall give preference to
14	14	criminal cases.
15	15	(c) The terms of the 213th District Court begin on the first
16	16	Mondays in January, April, July, and October.
17	17	(d) [(c)] In addition to other jurisdiction provided by
18	18	law, the 213th District Court has concurrent original jurisdiction
19	19	with the county criminal courts in Tarrant County over misdemeanor
20	20	cases.
21	21	SECTION 2. Section 24.516, Government Code, is amended by
22	22	amending Subsection (c) and adding Subsection (d) to read as
23	23	follows:
24	24	(c) The terms of the 371st District Court begin on the first
25	25	Mondays in January, April, July, and October.
26	26	(d) In addition to other jurisdiction provided by law, the
27	27	371st District Court has concurrent original jurisdiction with the
28	28	county criminal courts in Tarrant County over misdemeanor cases.
29	29	SECTION 3. Section 24.517, Government Code, is amended by
30	30	amending Subsection (c) and adding Subsection (d) to read as
31	31	follows:
32	32	(c) The terms of the 372nd District Court begin on the first
33	33	Mondays in January, April, July, and October.
34	34	(d) In addition to other jurisdiction provided by law, the
35	35	372nd District Court has concurrent original jurisdiction with the
36	36	county criminal courts in Tarrant County over misdemeanor cases.
37	37	SECTION 4. Section 24.541, Government Code, is amended by
38	38	amending Subsection (c) and adding Subsection (d) to read as
39	39	follows:
40	40	(c) The terms of the 396th District Court begin on the first
41	41	Mondays in January, April, July, and October.
42	42	(d) In addition to other jurisdiction provided by law, the
43	43	396th District Court has concurrent original jurisdiction with the
44	44	county criminal courts and the justice courts in Tarrant County
45	45	over misdemeanor cases.
46	46	SECTION 5. Section 24.576, Government Code, is amended by
47	47	adding Subsections (c) and (d) to read as follows:
48	48	(c) The terms of the 432nd District Court begin on the first
49	49	Mondays in January, April, July, and October.
50	50	(d) In addition to other jurisdiction provided by law, the
51	51	432nd District Court has concurrent original jurisdiction with the
52	52	county criminal courts in Tarrant County over misdemeanor cases.
53	53	SECTION 6. Section 24.60030, Government Code, is amended by
54	54	adding Subsections (c) and (d) to read as follows:
55	55	(c) The terms of the 485th District Court begin on the first
56	56	Mondays in January, April, July, and October.
57	57	(d) In addition to other jurisdiction provided by law, the
58	58	485th District Court has concurrent original jurisdiction with the
59	59	county criminal courts in Tarrant County over misdemeanor cases.
60	60	SECTION 7. Section 24.910, Government Code, is amended by
61	61	adding Subsection (a-1) and amending Subsections (b), (c), and (e)
62	62	to read as follows:
63	63	(a-1) Subchapter C applies to the Tarrant County Criminal
64	64	District Court No. 1.
65	65	(b) This section applies to the Tarrant County Criminal
66	66	District Courts Nos. 1, 2, [and] 3, and 4.
67	67	(c) The criminal district courts have jurisdiction of
68	68	criminal cases within the jurisdiction of a district court. The
69	69	criminal district courts also have concurrent original
70	70	jurisdiction with the county criminal courts in Tarrant County over
71	71	misdemeanor cases. The criminal district courts do not have
72	72	appellate misdemeanor jurisdiction.
73	73	(e) The judge of each criminal district court or county
74	74	criminal court may, on motion of the judge or the criminal district
75	75	attorney, transfer misdemeanor cases between the courts by an order
76	76	entered in the minutes of the transferor [transferring] court. The
77	77	clerk of the transferor [transferring] court shall certify the
78	78	style and number of the case to the clerk of the transferee court
79	79	[to which it is transferred] and include the papers of the case with
80	80	the certification. The [receiving] clerk of the transferee court
81	81	shall promptly docket the transferred case. The transferee
82	82	[receiving] court shall dispose of the case as if it had been
83	83	originally instituted in that court.
84	84	SECTION 8. Section 24.911, Government Code, is amended by
85	85	adding Subsection (a-1) to read as follows:
86	86	(a-1) Subchapter C applies to the Tarrant County Criminal
87	87	District Court No. 2.
88	88	SECTION 9. Section 24.912, Government Code, is amended by
89	89	adding Subsection (a-1) to read as follows:
90	90	(a-1) Subchapter C applies to the Tarrant County Criminal
91	91	District Court No. 3.
92	92	SECTION 10. The heading to Section 24.913, Government Code,
93	93	is amended to read as follows:
94	94	Sec. 24.913. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT
95	95	NO. 4 [OF TARRANT COUNTY].
96	96	SECTION 11. Section 24.913, Government Code, is amended by
97	97	amending Subsections (a) and (d) and adding Subsection (d-1) to
98	98	read as follows:
99	99	(a) The Tarrant County Criminal Judicial District No. 4 [of
100	100	Tarrant County] is composed of Tarrant County.
101	101	(d) Subchapter C applies to the Tarrant County Criminal
102	102	District Court No. 4 [of Tarrant County].
103	103	(d-1) Section 24.910, relating to the Tarrant County
104	104	Criminal District Court No. 1, contains provisions applicable to
105	105	both that court and the Tarrant County Criminal District Court
106	106	No. 4.
107	107	SECTION 12. Sections 25.2223(a), (i), (j), (j-2), and (l),
108	108	Government Code, are amended to read as follows:
109	109	(a) A county criminal court in Tarrant County has
110	110	jurisdiction over all criminal matters and causes, original and
111	111	appellate, prescribed by law for county courts, but does not have
112	112	civil jurisdiction. In addition to the jurisdiction provided by
113	113	Section 25.0003 and other law, a county criminal court in Tarrant
114	114	County has concurrent original jurisdiction of criminal cases with
115	115	a district court other than felony cases involving capital
116	116	murder. The County Criminal Courts Nos. 9 [5] and 10 of Tarrant
117	117	County also have concurrent jurisdiction within the county of all
118	118	appeals from criminal convictions under the laws of this state and
119	119	the municipal ordinances of the municipalities located in Tarrant
120	120	County that are appealed from the justice courts and municipal
121	121	courts in the county. [The County Criminal Courts Nos. 5, 7, 8, 9,
122	122	and 10 of Tarrant County also have concurrent jurisdiction with the
123	123	district court in felony cases to conduct arraignments, conduct
124	124	pretrial hearings, and accept guilty pleas.]
125	125	(i) The official court reporter of a county criminal court
126	126	is entitled to the same fees and salary as a district court reporter
127	127	and shall perform the same duties and take the oath of office as
128	128	provided by law for district court reporters. [The official court
129	129	reporter for the County Criminal Court No. 1 or 3 of Tarrant County
130	130	is not required to take testimony in cases in which neither a party
131	131	nor the judge demands it.]
132	132	(j) At least two bailiffs shall be assigned regularly to
133	133	each county criminal court in [the County Criminal Court No. 1 of
134	134	Tarrant County and the County Criminal Court No. 2 of] Tarrant
135	135	County. Except as provided by Subsection (j-2), each judge [the
136	136	judges] of a county criminal court [the County Criminal Courts Nos.
137	137	1 and 2 of Tarrant County] shall [each] appoint one officer to act
138	138	as bailiff of the judge's court, and the sheriff of Tarrant County
139	139	shall appoint a bailiff for each court as prescribed by law. The
140	140	bailiffs serve at the pleasure of the court and shall perform the
141	141	duties required by the judge of the court to which the bailiffs are
142	142	assigned.
143	143	(j-2) The judge of a county criminal court [listed in
144	144	Subsection (j) or (j-1)] may authorize the sheriff to appoint all
145	145	bailiffs in the judge's court. If the sheriff is authorized by a
146	146	judge to make the judge's appointment under this subsection, the
147	147	sheriff shall appoint at least two officers to act as bailiffs for
148	148	the judge's court. A bailiff appointed under this subsection
149	149	serves at the pleasure of the court and shall perform the duties
150	150	required by the judge of the court to which the bailiff is assigned.
151	151	(l) The County Criminal Courts Nos. [Court No.] 5 and 6 of
152	152	Tarrant County [and the County Criminal Court No. 6 of Tarrant
153	153	County] shall give preference to cases brought under Title 5, Penal
154	154	Code, involving family violence as defined by Section 71.004,
155	155	Family Code, and cases brought under Sections 25.07, 25.072, and
156	156	42.07(a)(2) [42.072], Penal Code.
157	157	SECTION 13. Section 54.651, Government Code, is amended by
158	158	adding Subsection (d) to read as follows:
159	159	(d) A magistrate appointed under this subchapter may not
160	160	engage in the private practice of law, as defined by Section 81.101,
161	161	in Tarrant County.
162	162	SECTION 14. Section 54.656(a), Government Code, is amended
163	163	to read as follows:
164	164	(a) A judge may refer to a magistrate any criminal case or
165	165	matter relating to a criminal case for proceedings involving:
166	166	(1) a negotiated plea of guilty or nolo contendere [no
167	167	contest] and sentencing before the court;
168	168	(2) a bond forfeiture, remittitur, and related
169	169	proceedings;
170	170	(3) a pretrial motion;
171	171	(4) a writ of habeas corpus;
172	172	(5) an examining trial;
173	173	(6) an occupational driver's license;
174	174	(7) a petition for an order of expunction under
175	175	Chapter 55, Code of Criminal Procedure;
176	176	(8) an asset forfeiture hearing as provided by Chapter
177	177	59, Code of Criminal Procedure;
178	178	(9) a petition for an order of nondisclosure of
179	179	criminal history record information or an order of nondisclosure of
180	180	criminal history record information that does not require a
181	181	petition provided by Subchapter E-1, Chapter 411;
182	182	(10) a motion to modify or revoke community
183	183	supervision or to proceed with an adjudication of guilt;
184	184	(11) setting conditions, modifying, revoking, and
185	185	surrendering of bonds, including surety bonds;
186	186	(12) specialty court proceedings;
187	187	(13) a waiver of extradition; and
188	188	(14) any other matter the referring judge considers
189	189	necessary and proper.
190	190	SECTION 15. Section 152.2264, Human Resources Code, is
191	191	amended to read as follows:
192	192	Sec. 152.2264. TARRANT COUNTY CRIMINAL COURT
193	193	ADMINISTRATOR. (a) Subject to the approval of the commissioners
194	194	court, the judges of the district courts that give preference to
195	195	criminal cases, the judges of the criminal district courts, and the
196	196	judges of the county criminal courts of Tarrant County [and county
197	197	courts in Tarrant County that give preference to criminal matters]
198	198	may use the services of a criminal courts administrator.
199	199	(b) A judge may not be subjected to a suit for, and is immune
200	200	from liability for damages arising from, an act or omission
201	201	committed while performing a duty under this section unless the act
202	202	or omission is:
203	203	(1) committed intentionally, wilfully, or wantonly;
204	204	or
205	205	(2) committed with:
206	206	(A) gross negligence; [or]
207	207	(B) conscious indifference [or reckless
208	208	disregard] for the safety of others; or
209	209	(C) reckless disregard for the safety of others.
210	210	SECTION 16. The following provisions of the Government Code
211	211	are repealed:
212	212	(1) Section 24.910(f);
213	213	(2) Sections 24.913(b), (c), and (e); and
214	214	(3) Sections 25.2223(b) and (j-1).
215	215	SECTION 17. This Act takes effect September 1, 2023.