88R10302 CJD-F     By: Cook H.B. No. 3386       A BILL TO BE ENTITLED   AN ACT   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) [(c)]  In addition to other jurisdiction provided by   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, [and] 3, and 4.          (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 [transferring] court.  The   clerk of the transferor [transferring] court shall certify the   style and number of the case to the clerk of the transferee court   [to which it is transferred] and include the papers of the case with   the certification.  The [receiving] clerk of the transferee court   shall promptly docket the transferred case.  The transferee   [receiving] court shall dispose of the case as if it had been   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 [OF TARRANT COUNTY].          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 [of   Tarrant County] is composed of Tarrant County.          (d)  Subchapter C applies to the Tarrant County Criminal   District Court No. 4 [of Tarrant County].          (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 [5] and 10 of Tarrant   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.  [The County Criminal Courts Nos. 5, 7, 8, 9,   and 10 of Tarrant County also have concurrent jurisdiction with the   district court in felony cases to conduct arraignments, conduct   pretrial hearings, and accept guilty pleas.]          (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.  [The official court   reporter for the County Criminal Court No. 1 or 3 of Tarrant County   is not required to take testimony in cases in which neither a party   nor the judge demands it.]          (j)  At least two bailiffs shall be assigned regularly to   each county criminal court in [the County Criminal Court No. 1 of   Tarrant County and the County Criminal Court No. 2 of] Tarrant   County.  Except as provided by Subsection (j-2), each judge [the   judges] of a county criminal court [the County Criminal Courts Nos.   1 and 2 of Tarrant County] shall [each] appoint one officer to act   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 [listed in   Subsection (j) or (j-1)] may authorize the sheriff to appoint all   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. [Court No.] 5 and 6 of   Tarrant County [and the County Criminal Court No. 6 of Tarrant   County] shall give preference to cases brought under Title 5, Penal   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) [42.072], Penal Code.          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 [no   contest] and sentencing before the court;                (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 [and county   courts in Tarrant County that give preference to criminal matters]   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; [or]                      (B)  conscious indifference [or reckless   disregard] for the safety of others; or                      (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.