R-836 

OFPICE OF 

THE ATTORNEY GENERAL 

AUSTIX~TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL October 18, ,1947 

Hon. J. 9. Holleman 

District Attorney 

9th Judicial rndat 

Conroe, Texas 

opinion Ho. v-410 

Be: ,Constmotion of H. B. 

353, Aots , 50th Leg.., 

1947, p. 104, aa it 

relates to Polk County. 

Dear Sir: 

Your requent ror an opinion of this Departnent Is In substanoe as follows: 

‘Section 1, House Bill Ho. 353, provides, among other things: 

*fFcom ahd after the passe. 

Aot the Spools1 1IlLnth Dlstrlot I! 

e of this 

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 Dirtrlot Court of lontgomery, Polk, San Jaolnto 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 January of 

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, whloh states that the Court 

xl11 expire on the 30th day o? June, 1943, 

which Artlolb wan r88naoted by :tbm :Fortyniuth 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 Honda 

1 

aflter the 1st Monday In July of the year 

19 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 judaioial'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 eontlnuance 0s said Speolal court, and the fact 

that the oontinuauce 0s the term 0s Court 

provided for In this Act will aid lmmsasurably 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 iaperatlve public necessity that the Conetitutional 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 itamediately 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 

"3 

two-thirds vote %n 

raoh gOUll8, the Aot beOar Off8Ot V8 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 reorgan168d 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 

ATTCRRSYQBIiERAL OF TBXAS 

BW:djn 

Burnell Waldrep 

Asslstaat 

APPROVED: 

L 

F&T ASSISTART - 

ATTCRRXY QHlsERAL 

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