NE GENERAL F EXAS

October13, 1969

Honorable Frank R. Rye, Jr. Opinion NO.M-489 DistrictAttorney 229th Judicial District Rio Grande City, Texas Re: The constructionof Section 5 of House Bill 292,Acts 61st Legislature, Regular Session, 1969, Chapter 239, page 292, relating to the

Dear Mr. Rye: terms of grand and petit jurors for the 229th Judicial District Court.
In your recent letteryou requested the ooinion of this officewith regard to the proper interpretationto be placed on a portion of House Bill 292,Acts of the 61st Legislature, Regular Session, 1969,Chapter 239,page 697. This Act created a new judicialdistrict, the 229th Judicial District, and reorganized the 49th and 79th Judicial Districts.
Your concern is with the 229th Judicial District and you note that Section 3 of theAct creates the 229th Judicial District. In Section 3 of theAct, the terms for the 229th District Court are set as follows:

"Sec. 3. The terms of the 229th District Court shall be: "(a) In the County of Duval, beginning on the firstMonday in February and the first Monday inAugust of each year, and each term of the court shall continue until the beginning of the next term. "(b) In the County of Starr,beginning on the firstMonday in April and the firstMonday in October of each year, and each term of the court shall continueuntil the beginning of the next term. "(c) In the County of Jim Hogg, beginning on the firstMonday in June and the first Monday in December of each year, and each term of the court shall continue until the beginning of the next term. II II

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Honorable Frank R. Rye, Jr., Page 2, (M-498)

Then in Section 5 of theAct, the Legislatureprovided that:
"Sec. 5. All grand and petit juriesdrawn and selected under existing laws for Duval, Starr and Jim Hogg Counties shallbe considered lawfullydrawn and selected for the next ensuing term of the 229thDistrict Court." With regard to above cited Section 5,you ask the followingquestion:

"Under the terms of the statutemust the District Court retain the present grand jury for the next ensuing term ormay the District Judge vacate the existinggrand jury and appoint a new jury commission to name a new grand jury?"
In interpretingthe languageof Section 5, quoted above, it shouldbe first observed that the 229th Judicial Districtwas constitutedby the removal of Jim Nogg County from the 49thJudicial District and Duval and Starr Counties from the 79th JudicialDistrict. It should furtherbe noted that House Bill 292became effective September 1, 1969. Before the passage of theAct under discussion, the terms of court as prescribed for the 49thJudicial District included a term for Jim Hogg County commencing on the firstMondays inMarch, June, and October, and so the June termwas still in effect at the'time the instantAct became effective. SeeArticle 199, Subdivision 49,V.A.C.S., since the subdivision was written before being amendedby House Bill 292, the legislationpresentlyunder consideration. Moreover, the grand jury selected for the term under the provisions of Article 19.01,V.C.C.P. et seq,was still legally in session. Likewise, the terms of court set for the 79th Judicial District,before September 1, 1969, included terms for Starr and Duval Counties,which did not begin or end on the effective date of House Bill 292. SeeArticle 199, Subdivision 79,V.A.C.S., since the subdivisionwas written before the passage of House Bill 292. Accordingly, therewere terms of court in Starr and Duval Counties still in mid-point on September 1, and therewere grand juries still constituted for such terms.

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Honorable Frank Nye, Jr., Page 3, (M-499 1

It is the opinion of this office that the language in Section 5 of House Bill 292'that "thegrand and petit jurors drawn under the existing laws for Duval, Starr and Jim Hogg Counties shallbe considered lawfullydrawn for the next ensuing term of the 229th District Court"must logically mean that these jurors are considered legally able to act in their respective capacities from September 1, 1969, when the 229th Judicial District came into legal existence until the next terms of court for these three counties involved as set by House Bill 292, i.e., from September 1, 1969, to the firstMonday in February, 1970, in the case of Duval County, from September 1, 1969, to the firstMonday in October, 1969, in the case of Starr County, and from September 1, 1969, to the firstMonday in December, 1969, in the case of Jim Hogg County.
As of September 1, 1969, the 229th Judicial District Court began its existence and commenced to dispose of cases previously filed in Duval, Starr and Jim Hogg Counties as well as cases filed in these Counties after September 1. This judicialbusiness in each of the respective counties necessarily constitutes a term of the 229th Judicial District Court; these terms are the terms of the court "nextensuing" after the effectivedate of House Bill 292. During these terms of court, the grand and petit jurors previously selectedunder prior lawsmay and shallvalidly serve in their particular capacities. The only other possible interpretationof Section 5 of House Bill 292 would be that jurorspreviouslydrawn and selected for the counties involvedwould serve,not only from September 1, 1969,until the next term as prescribed by House Bill 292,but also for the next term as well. This would mean that for Duval County,jurorswould serve from the firstMonday in April, 1969,until the first Monday in February, 1970,when the new termwill start for the 229th Judicial District, and then serve for this February term until the firstMonday in August, 1970, a total service of some sixteenmonths. Therewould be additional service for jurors in Starr and Jim Hogg Counties, although not as lengthyas in the case of Duval County jurors.
It is presumed that the Legislature,when House Bill 292 was enacted,did not intend to require an absurd, foolish or unreasonable thing,nor did they intend to

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Honorable Frank Nye, Jr., Page 4, (M-489 )

require thatwhich would lead to an injustice. Dental Examinersv. Fenlow, 357 S.W.2d 185, (Tex.Civ. App. Dallas Railroad and Terminal Co.,

.APP. 1948. no writ). Therefore, any interpretationthat-wouldrequire some jurors to serve sixteenmonths must be rejected. Accordingly, as earlier noted above, the presently selectedgrand and petit jurors of Duval, Starr and Jim Hogg Countieswill serve the 229th Judicial District Court only from September 1, 1969, until the beginning of new terms in those counties as fixed by Section 3 of House Bill 292, unless the court orders that the terms of the grand jurorsbe extended as is provided for by Article 19.07, Vernon's Code of Criminal Procedure.
SUMMARY Grand and Petit jurors selected for Jim Hogg County by the 49th Judicial District Court and for Duval and Starr Countiesby the 79th Judicial District Courts are legally selected jurors for the 229th Judicial District Court from September 1, 1969, until a new term of court begins in such counties as provided forby Section 3 of House Bill 292,Acts, 61st Legislature, Regular Session, 1969, Chapter 239, Page 697.
Y@s very truly,



# . eneral of Texas Prepared by Lenny F. Zwiener AssistantAttorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman George Kelton,Vice-Chairman
Monroe Clayton Charles Parrett Fisher Tyler Bob Lattimore

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MEADE F. GRIFFIN Staff Legal Assistant
HAWTHORNE PHILLIPS ExecutiveAssistant
NOLA WHITE First Assistant

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