R-836
OFPICE OF
THE ATTORNEY GENERAL
AUSTIX~TEXAS
PRICE DANIEL
ATTORNEYGENERAL October 18, ,1947
Hon. J. 9. Holleman opinion Ho. v-410
District Attorney
9th Judicial rndat Be: ,Constmotion of H. B.
Conroe, Texas 353, Aots , 50th Leg..,
1947, p. 104, aa it
relates to Polk County.
Dear Sir:
Your requent ror an opinion of this Depart-
nent Is In substanoe as follows:
‘Section 1, House Bill Ho. 353, pro-
vides, among other things:
*fFcom ahd after the passe. e of this
Aot the Spools1 1IlLnthDlstrlot I!owt of
IQntgoPerp, Polk and San Jaolnto County,
Texas shall also lnoludde Trinity Qounty,
T8xas and the nam8 of suah Distriot Court
shall hereafter be the Spsoial Ninth Dir-
trlot Court of lontgomery, Polk, San Jaoln-
to and Trinity County and the terns oi suoh
Dlstriot Court In eaoh oi said Counties
shall be held therein eaoh year, as follows:
“‘In the County of Polk, on the 18th
Wonday after the 1st Monday In Januaryof
daoh year and on the 20th Monday after the
1st Monday in July of’ each ‘year. . . . I
‘&-tiale 199,. Title 8, Section 11;'
says thst~‘the SpeciaI ‘Ninth Dlbtriot Court
61 Montgoatt~,‘Polk Mid Sati Ji%ointo Coimty
orsated by this Aot shall o&as8 to dxlst the
30th day of June, 1943, at which IAm the
term of ofiioe of the Judge of said Court
shall 8Xpil’d by limitation oi law and’the
prOViSioI16 Of this Aot, 8XO8pt tgsfhzs
elabodied in s8OtiOIl 12 hel’8ill.
caption o? House Bill Ilo. 353 it states
that this Aot IS to amend and to pl’OVid8
for a continuous tern meaning continuous
Hon. J. 9. Bolleman - Page 2 (V-410)
term for Polk, WontgOmery, San Jaointo mad
Trinity Oouuty. ti P8gaFd t0 th8 aU8StiOu
a0 t0~ Whether or not thie Aot U8k8r the
Speolal Hlnth Judioial 0-t a oontinuous
COUrt a8 r8OMOted it would S88m that under
the provisions d? Ar'tiole'l99, Title 8,
S8OtiOn 11, whlohstates that the Court
xl11 expire on the 30th day o? June, 1943,
whichArtlolb wan r88naoted by :tbm:Forty-
niuth Leglslatur8 and House Bill 437 wbiah
uade the explr&tion date June 30, 1947.
As this Bill gave the expiration of this
COWt (18 JUA8 30, 1947, the Court 08as8d
to exist oa that date and when Rouse Bill
HO. 353 W8llt i,XItO effeot it did prOVid8
for a continuous court. After expiration
oi the Court on June 30, 1947, there o8as8d
to be a Special Rlnth Judicial Court until
Roveuber 24, 1947, that being the 20th Hon-
da aflter the 1st Monday In July of the year
191 7.
,Section 9, Article 199, V.C.S., provides ?or
the creation o? a Speola& 9th IFflstrlot Court for the
couuties o? Montgomery, Polk and SsmJaointo. By the
terms o? this Aot the Spealal 9th D$strlot Court ceased
to exist at the exp%ration o? two years from the date
thereof. This Court was reorgapizqd aqd extended from
time to tlm8 by the Legielature. P~suant to the Acts
of 1939, 46th Leg., p . 162, the county ,oi~ Trinity was
added to the Special 9th District Court, aud the Act
speol?ioally provided that suoh diatr$ot oourt.be the'
Special 9th Dietriot Court o? Xontgoqery Polk,. San Jai
Cinto and Trinity COUUti8s. 9. B. 270, 46th Leg., p8g8
162, whioh Changed the titlea? the 9th Judiolal Dib-'
tridt by add.$ng a new oounty, did not createa new judai-
oial'distriot, but merely reorganised~~he di8triCt pre-
~~s"~~~"et&"': ~State~v. Hariry, (COP. App.) 16 S. ~'W.
s B-8 Special 9th‘~Dlstriot COtU't, as @6-
ated~~'by S&at.8 B/11' lo. 270, Acts of the 46th Leg., wa.(1
ext@nded by 9. B. 158, Acts of the 48th Leg.', R.S. HOUS
Bill 437,~Aacts or the 49th Leg., extended the expiration
date of said Court to th8 30th day Of J-8, 1947.
H. B. 353, Aots of the 50th Leg., 1947, p. 104,
-8UdS Section 1 of 9. B. 100. 270, Actrr of the 46th Leg.
After that portion thereo? quoted by you in the first
paragraph o? this opinion, it reads:
Hon. J. 5. RO118Mn * Page 3 (V-410)
“Sec. 3. The crowded condition of tide
dookets o? the Distrlot Oourts of Nontgomhry,
Polk, San Jaclnto and Trinity Counties and
the ,lnablllty 0s parties litigant to haV8
their o&a88 heard and d$spo88d of without
unusual and dlsastroue delay without the eon-
tlnuance 0s said Speolal court, and the fact
that the oontinuauce 0s the term 0s Court
provided for In this Act will aid lmmsasur-
ably in the dispatch of the business of the
Courts of Nontgomery, Polk, San Jacinto and
hrinity 0ounti8.3, and will aVOid delay in
the expeditious transaction of the business
in said Courts, create an emergency and an ia-
peratlve public necessity that the Conetitu-
tional Rule requiring bills to be read on
three several days in haah House be suspended,
and aald Rule i.8 h&eby suspended, and this
Act shall take 8ffeOt and be in fOrC8 itamed-
iately upon the explratlon date o? said Court,
fzX8d by House Bill. lfo. 437, Acts of the Regn-
~~w~~aslon of the Forty-ninth LegCslature,
: June 30, 1947, and It Is so enact8d."
Inacmuoh aa 8. B. 353 ooatalned this emergency
clause and passed by thb neoe66a two-thirds vote %n
raoh gOUll8, the Aot beOar Off8Ot"3V8 UPOU the OXpiratiOll
date o? a Speolal 9th Dlstrlot Oourt fixed by H. B. 437,
Aots o? the 49th Legislature, to-tit, June 30, 1947.
Therefore, a valid oourt wa6 la exieteaoe, a8 reorgan-
168d by aald AOt oa.JUn8 30, 1947.
Although a valid Court exists, the terms Of
Court for the ‘DoOntj Of Pdlk, prOVid8d for In H. Bi 353,
begin on the 18th lo&lay after the 1st Monday in January
and dn the 20th Monday ester the 1st Monday in July (Nov.
24; 1947,). The hext 'term 0s Court ?or the, Oounty of Polk
obaiibnoes on Hoveuber 24, 1947. ThereSorb, it la the
OplniOll b? thlS'~DepaZ'tla8nt tmt the.speOial~gth Dltitrlct
Court, a6 proilded for in H. B. 353, ha6’a oontinuous
t8MI 0s court; the first t8lFU 0r’Cowt iOr, the County 0s
Polk ~111 begla on liovember 24, 1947.
A valid Speolal 9th Distrlot Court with
oontlnuous terms, was oreated by H. B. 353,
Acts of the 50th LegislatU'8, but the t8l%
- .
Hon. J. S. Holleman - Page 4 (V-410)
OS Court for the county of Polk does not
oomaenae until Rlovember 24, 1947, the 20th
Honday after the 1st Monday in July.
Very truly yours
ATTCRRSYQBIiERALOF TBXAS
Burnell Waldrep
BW:djn Asslstaat
APPROVED:
L
F&T ASSISTART -
ATTCRRXY QHlsERAL