in Re the Commitment of Jimmy Willett

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-05-436 CV ____________________ IN RE COMMITMENT OF JIMMY WILLETT On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 04-10-08448 CV MEMORANDUM OPINION The State of Texas filed a petition to commit appellant Jimmy Willett as a sexually violent predator. See Tex. Health & Safety Code Ann. §§ 841.001 - .150 (Vernon 2003 & Supp. 2005). A jury found Willett suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence. The trial court entered a final judgment and order of civil commitment. In his sole issue, Willett contends the trial court lacked jurisdiction and venue was improper because section 841.041(a) of the Health and Safety Code violates article III, section 56(a)(4), (b) of the Texas Constitution. (1) See Tex. Health & Safety Code Ann. § 841.041(a) (Vernon Supp. 2005); Tex. Const. art. III, § 56(a)(4), (b). After the parties filed their briefs, we considered and rejected the same argument in In re Commitment of Polk, No. 09-05-320 CV, 2006 WL 668218, at *2-*3 (Tex. App. - Beaumont Mar. 16, 2006, no pet. h.). For the same reasons, we reject Willett's argument here. We overrule issue one and affirm the trial court's judgment. AFFIRMED. _________________________________ HOLLIS HORTON Justice Submitted on April 3, 2006 Opinion Delivered April 27, 2006 Before McKeithen, C.J., Gaultney and Horton, JJ. 1. The State asserts Willett did not preserve his constitutional challenge because he failed to file a motion to transfer venue until the day after he filed his motion to dismiss. See Tex. R. Civ. P. 86 (A motion to transfer venue must be filed prior to or concurrently with any other plea or it is waived.). However, we find Willett preserved the issue. Willett's motion to dismiss asserted that the trial court lacked jurisdiction and venue was improper because section 841.041 is unconstitutional, and the record reflects the trial court ruled on the motion. See Tex. R. App. P. 33.1(a); Tex. Health & Safety Code Ann. § 841.041(a).