Bill Text: TX HB3386 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the criminal district courts, statutory county courts, and criminal law magistrates in Tarrant County.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to Jurisprudence [HB3386 Detail]
Download: Texas-2023-HB3386-Engrossed.html
88R10302 CJD-F | ||
By: Cook, Goldman, Capriglione, Schatzline | H.B. No. 3386 |
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relating to the criminal district courts, statutory county courts, | ||
and criminal law magistrates in Tarrant County. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 24.392, Government Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsection (d) to read | ||
as follows: | ||
(b) The 213th District Court shall give preference to | ||
criminal cases. | ||
(c) The terms of the 213th District Court begin on the first | ||
Mondays in January, April, July, and October. | ||
(d) [ |
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law, the 213th District Court has concurrent original jurisdiction | ||
with the county criminal courts in Tarrant County over misdemeanor | ||
cases. | ||
SECTION 2. Section 24.516, Government Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) The terms of the 371st District Court begin on the first | ||
Mondays in January, April, July, and October. | ||
(d) In addition to other jurisdiction provided by law, the | ||
371st District Court has concurrent original jurisdiction with the | ||
county criminal courts in Tarrant County over misdemeanor cases. | ||
SECTION 3. Section 24.517, Government Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) The terms of the 372nd District Court begin on the first | ||
Mondays in January, April, July, and October. | ||
(d) In addition to other jurisdiction provided by law, the | ||
372nd District Court has concurrent original jurisdiction with the | ||
county criminal courts in Tarrant County over misdemeanor cases. | ||
SECTION 4. Section 24.541, Government Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) The terms of the 396th District Court begin on the first | ||
Mondays in January, April, July, and October. | ||
(d) In addition to other jurisdiction provided by law, the | ||
396th District Court has concurrent original jurisdiction with the | ||
county criminal courts and the justice courts in Tarrant County | ||
over misdemeanor cases. | ||
SECTION 5. Section 24.576, Government Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) The terms of the 432nd District Court begin on the first | ||
Mondays in January, April, July, and October. | ||
(d) In addition to other jurisdiction provided by law, the | ||
432nd District Court has concurrent original jurisdiction with the | ||
county criminal courts in Tarrant County over misdemeanor cases. | ||
SECTION 6. Section 24.60030, Government Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) The terms of the 485th District Court begin on the first | ||
Mondays in January, April, July, and October. | ||
(d) In addition to other jurisdiction provided by law, the | ||
485th District Court has concurrent original jurisdiction with the | ||
county criminal courts in Tarrant County over misdemeanor cases. | ||
SECTION 7. Section 24.910, Government Code, is amended by | ||
adding Subsection (a-1) and amending Subsections (b), (c), and (e) | ||
to read as follows: | ||
(a-1) Subchapter C applies to the Tarrant County Criminal | ||
District Court No. 1. | ||
(b) This section applies to the Tarrant County Criminal | ||
District Courts Nos. 1, 2, [ |
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(c) The criminal district courts have jurisdiction of | ||
criminal cases within the jurisdiction of a district court. The | ||
criminal district courts also have concurrent original | ||
jurisdiction with the county criminal courts in Tarrant County over | ||
misdemeanor cases. The criminal district courts do not have | ||
appellate misdemeanor jurisdiction. | ||
(e) The judge of each criminal district court or county | ||
criminal court may, on motion of the judge or the criminal district | ||
attorney, transfer misdemeanor cases between the courts by an order | ||
entered in the minutes of the transferor [ |
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clerk of the transferor [ |
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style and number of the case to the clerk of the transferee court | ||
[ |
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the certification. The [ |
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shall promptly docket the transferred case. The transferee | ||
[ |
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originally instituted in that court. | ||
SECTION 8. Section 24.911, Government Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Subchapter C applies to the Tarrant County Criminal | ||
District Court No. 2. | ||
SECTION 9. Section 24.912, Government Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Subchapter C applies to the Tarrant County Criminal | ||
District Court No. 3. | ||
SECTION 10. The heading to Section 24.913, Government Code, | ||
is amended to read as follows: | ||
Sec. 24.913. TARRANT COUNTY CRIMINAL JUDICIAL DISTRICT | ||
NO. 4 [ |
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SECTION 11. Section 24.913, Government Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (d-1) to | ||
read as follows: | ||
(a) The Tarrant County Criminal Judicial District No. 4 [ |
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(d) Subchapter C applies to the Tarrant County Criminal | ||
District Court No. 4 [ |
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(d-1) Section 24.910, relating to the Tarrant County | ||
Criminal District Court No. 1, contains provisions applicable to | ||
both that court and the Tarrant County Criminal District Court | ||
No. 4. | ||
SECTION 12. Sections 25.2223(a), (i), (j), (j-2), and (l), | ||
Government Code, are amended to read as follows: | ||
(a) A county criminal court in Tarrant County has | ||
jurisdiction over all criminal matters and causes, original and | ||
appellate, prescribed by law for county courts, but does not have | ||
civil jurisdiction. In addition to the jurisdiction provided by | ||
Section 25.0003 and other law, a county criminal court in Tarrant | ||
County has concurrent original jurisdiction of criminal cases with | ||
a district court other than felony cases involving capital | ||
murder. The County Criminal Courts Nos. 9 [ |
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County also have concurrent jurisdiction within the county of all | ||
appeals from criminal convictions under the laws of this state and | ||
the municipal ordinances of the municipalities located in Tarrant | ||
County that are appealed from the justice courts and municipal | ||
courts in the county. [ |
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(i) The official court reporter of a county criminal court | ||
is entitled to the same fees and salary as a district court reporter | ||
and shall perform the same duties and take the oath of office as | ||
provided by law for district court reporters. [ |
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(j) At least two bailiffs shall be assigned regularly to | ||
each county criminal court in [ |
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County. Except as provided by Subsection (j-2), each judge [ |
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as bailiff of the judge's court, and the sheriff of Tarrant County | ||
shall appoint a bailiff for each court as prescribed by law. The | ||
bailiffs serve at the pleasure of the court and shall perform the | ||
duties required by the judge of the court to which the bailiffs are | ||
assigned. | ||
(j-2) The judge of a county criminal court [ |
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bailiffs in the judge's court. If the sheriff is authorized by a | ||
judge to make the judge's appointment under this subsection, the | ||
sheriff shall appoint at least two officers to act as bailiffs for | ||
the judge's court. A bailiff appointed under this subsection | ||
serves at the pleasure of the court and shall perform the duties | ||
required by the judge of the court to which the bailiff is assigned. | ||
(l) The County Criminal Courts Nos. [ |
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Tarrant County [ |
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Code, involving family violence as defined by Section 71.004, | ||
Family Code, and cases brought under Sections 25.07, 25.072, and | ||
42.07(a)(2) [ |
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SECTION 13. Section 54.651, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A magistrate appointed under this subchapter may not | ||
engage in the private practice of law, as defined by Section 81.101, | ||
in Tarrant County. | ||
SECTION 14. Section 54.656(a), Government Code, is amended | ||
to read as follows: | ||
(a) A judge may refer to a magistrate any criminal case or | ||
matter relating to a criminal case for proceedings involving: | ||
(1) a negotiated plea of guilty or nolo contendere [ |
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(2) a bond forfeiture, remittitur, and related | ||
proceedings; | ||
(3) a pretrial motion; | ||
(4) a writ of habeas corpus; | ||
(5) an examining trial; | ||
(6) an occupational driver's license; | ||
(7) a petition for an order of expunction under | ||
Chapter 55, Code of Criminal Procedure; | ||
(8) an asset forfeiture hearing as provided by Chapter | ||
59, Code of Criminal Procedure; | ||
(9) a petition for an order of nondisclosure of | ||
criminal history record information or an order of nondisclosure of | ||
criminal history record information that does not require a | ||
petition provided by Subchapter E-1, Chapter 411; | ||
(10) a motion to modify or revoke community | ||
supervision or to proceed with an adjudication of guilt; | ||
(11) setting conditions, modifying, revoking, and | ||
surrendering of bonds, including surety bonds; | ||
(12) specialty court proceedings; | ||
(13) a waiver of extradition; and | ||
(14) any other matter the referring judge considers | ||
necessary and proper. | ||
SECTION 15. Section 152.2264, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 152.2264. TARRANT COUNTY CRIMINAL COURT | ||
ADMINISTRATOR. (a) Subject to the approval of the commissioners | ||
court, the judges of the district courts that give preference to | ||
criminal cases, the judges of the criminal district courts, and the | ||
judges of the county criminal courts of Tarrant County [ |
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may use the services of a criminal courts administrator. | ||
(b) A judge may not be subjected to a suit for, and is immune | ||
from liability for damages arising from, an act or omission | ||
committed while performing a duty under this section unless the act | ||
or omission is: | ||
(1) committed intentionally, wilfully, or wantonly; | ||
or | ||
(2) committed with: | ||
(A) gross negligence; [ |
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(B) conscious indifference [ |
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(C) reckless disregard for the safety of others. | ||
SECTION 16. The following provisions of the Government Code | ||
are repealed: | ||
(1) Section 24.910(f); | ||
(2) Sections 24.913(b), (c), and (e); and | ||
(3) Sections 25.2223(b) and (j-1). | ||
SECTION 17. This Act takes effect September 1, 2023. |