Bill Text: TX HB1091 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to special three-judge district courts convened to hear certain cases.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-05-13 - Laid on the table subject to call [HB1091 Detail]
Download: Texas-2015-HB1091-Comm_Sub.html
84R14520 YDB-F | |||
By: Schofield, Clardy | H.B. No. 1091 | ||
Substitute the following for H.B. No. 1091: | |||
By: Schofield | C.S.H.B. No. 1091 |
|
||
|
||
relating to special three-judge district courts convened to hear | ||
certain cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 2, Government Code, is amended | ||
by adding Chapter 22A to read as follows: | ||
CHAPTER 22A. SPECIAL THREE-JUDGE DISTRICT COURT | ||
Sec. 22A.001. MANDATORY PROCEEDINGS. (a) The attorney | ||
general may petition the chief justice of the supreme court to | ||
convene a special three-judge district court in any suit filed in a | ||
district court in this state in which this state or a state officer | ||
or agency is a defendant in a claim that: | ||
(1) challenges the finances or operations of this | ||
state's public school system; or | ||
(2) involves the apportionment of districts for the | ||
house of representatives, the senate, the State Board of Education, | ||
or the United States Congress, or state judicial districts. | ||
(b) A petition filed by the attorney general under this | ||
section stays all proceedings in the district court in which the | ||
original case was filed until the chief justice of the supreme court | ||
acts on the petition. | ||
(c) Within a reasonable time after receipt of a petition | ||
from the attorney general under Subsection (a), the chief justice | ||
of the supreme court shall grant the petition and issue an order | ||
transferring the case to a special three-judge district court | ||
convened as provided by Section 22A.003. | ||
Sec. 22A.002. DISCRETIONARY PROCEEDINGS. (a) The attorney | ||
general may petition the chief justice of the supreme court to | ||
convene a special three-judge district court in any suit filed in a | ||
district court in this state in which this state or a state officer | ||
or agency is a defendant in a claim that: | ||
(1) has the potential to significantly impact this | ||
state's finances; | ||
(2) has the potential to significantly alter the | ||
operations of important statewide policies or programs; or | ||
(3) is otherwise of such exceptional statewide | ||
importance that the claim should not be decided by one district | ||
judge. | ||
(b) The attorney general shall submit with a petition filed | ||
under this section a written certification that the claim on which | ||
the petition is based satisfies the jurisdictional requirements | ||
under Subsection (a). | ||
(c) A petition filed by the attorney general under this | ||
section stays all proceedings in the district court to which the | ||
original case was assigned until the chief justice of the supreme | ||
court acts on the petition. | ||
(d) The chief justice may request any party to a claim for | ||
which a petition is filed under this section to file a statement | ||
objecting to or supporting the attorney general's petition. A | ||
party may not file the statement unless it is requested by the chief | ||
justice. The statement may only address whether the claim | ||
satisfies the jurisdictional requirements under Subsection (a). | ||
(e) On receipt of a petition from the attorney general under | ||
Subsection (a), the chief justice may deny the petition or grant the | ||
petition and issue an order transferring the case to a special | ||
three-judge district court convened as provided by Section 22A.003. | ||
(f) The chief justice's decision to deny or grant a petition | ||
under this section is final and may not be appealed or challenged. | ||
(g) In ruling on a petition under this section, the chief | ||
justice: | ||
(1) may consider whether: | ||
(A) the petition satisfies the jurisdictional | ||
requirements under Subsection (a); and | ||
(B) the resources available in this state's court | ||
system are sufficient to allow the claim to be heard by a special | ||
three-judge district court; and | ||
(2) may not express an opinion on any question of law | ||
or fact arising from the claims in the petition. | ||
Sec. 22A.003. SPECIAL THREE-JUDGE DISTRICT COURT. (a) On | ||
receipt of a petition under Section 22A.001 or on granting a | ||
petition under Section 22A.002, the chief justice shall order a | ||
special three-judge district court to convene and shall appoint | ||
three persons to serve on the court as follows: | ||
(1) the district judge of the judicial district to | ||
which the original case was assigned; | ||
(2) one district judge of a judicial district other | ||
than a judicial district in the same county as the judicial district | ||
to which the original case was assigned; and | ||
(3) one justice of a court of appeals other than: | ||
(A) the court of appeals in the court of appeals | ||
district in which the original case was assigned; or | ||
(B) a court of appeals district in which the | ||
district judge appointed under Subdivision (2) sits. | ||
(b) A judge or justice appointed under Subsection (a)(2) or | ||
(3) must have been elected to that office and may not be serving an | ||
appointed term of office. | ||
(c) A special three-judge district court convened under | ||
this section shall conduct all hearings in the district court to | ||
which the original case was assigned and may use the courtroom, | ||
other facilities, and administrative support of the district court. | ||
(d) The Office of Court Administration of the Texas Judicial | ||
System shall pay the travel expenses and other incidental costs | ||
related to convening a special three-judge district court under | ||
this chapter. | ||
Sec. 22A.004. CONSOLIDATION OF RELATED ACTIONS. (a) In | ||
this section, "related case" means any case in which this state or a | ||
state officer or agency is a defendant that arises from the same | ||
nucleus of operative facts as the claim before a special | ||
three-judge district court under this chapter, regardless of the | ||
legal claims or causes of action asserted in the related case. | ||
(b) On the motion of any party to a case assigned to a | ||
special three-judge district court under Section 22A.003, the court | ||
by order shall consolidate with the cause of action before the court | ||
any related case pending in any district court or other court in | ||
this state. | ||
(c) A case consolidated under Subsection (b) must be | ||
transferred to the special three-judge district court if the court | ||
finds that transfer is necessary. The transfer may occur without | ||
the consent of the parties to the related case or of the court in | ||
which the related case is pending. | ||
Sec. 22A.005. APPLICATION OF TEXAS RULES OF CIVIL | ||
PROCEDURE. (a) Except as provided by this section, the Texas Rules | ||
of Civil Procedure and all other statutes and rules applicable to | ||
civil litigation in a district court in this state apply to | ||
proceedings before a special three-judge district court. | ||
(b) The supreme court may adopt rules for the operation of a | ||
special three-judge district court convened under this chapter and | ||
for the procedures of the court. | ||
Sec. 22A.006. ACTIONS BY JUDGE OR JUSTICE. (a) With the | ||
unanimous consent of the three judges sitting on a special | ||
three-judge district court, a judge or justice of the court may: | ||
(1) independently conduct pretrial proceedings; and | ||
(2) enter interlocutory orders before trial. | ||
(b) A judge or justice of a special three-judge district | ||
court may not independently enter a temporary restraining order, | ||
temporary injunction, or any order that finally disposes of a claim | ||
before the court. | ||
(c) Any independent action taken by one judge or justice of | ||
a special three-judge district court related to a claim before the | ||
court may be reviewed by the entire court at any time before final | ||
judgment. | ||
Sec. 22A.007. APPEAL. (a) An appeal from an appealable | ||
interlocutory order or final judgment of a special three-judge | ||
district court is to the supreme court. | ||
(b) The supreme court may adopt rules for appeals from a | ||
special three-judge district court. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |