Bill Text: TX HB474 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the Thirteenth Court of Appeals District and to the creation of the Fifteenth Court of Appeals District; authorizing fees.

Sponsorship: Partisan Bill (Republican 5)

Status: (Introduced - Dead) 2017-02-16 - Referred to Judiciary & Civil Jurisprudence [HB474 Detail]

Download: Texas-2017-HB474-Introduced.html

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By: Stephenson H.B. No. 474

A BILL TO BE ENTITLED
AN ACT
relating to the Thirteenth Court of Appeals District and to the
creation of the Fifteenth Court of Appeals District; authorizing
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.201, Government Code, is amended by
amending Subsections (a) and (n) and adding Subsection (p) to read
as follows:
(a) The state is divided into 15 [14] courts of appeals
districts with a court of appeals in each district.
(n) The Thirteenth Court of Appeals District is composed of
the counties of Aransas, Bee, Calhoun, [Cameron,] DeWitt, Goliad,
Gonzales, [Hidalgo,] Jackson, Kenedy, Kleberg, Lavaca, Live Oak,
Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton[,
and Willacy].
(p) The Fifteenth Court of Appeals District is composed of
the counties of Cameron, Hidalgo, and Willacy.
SECTION 2. Sections 22.214(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The Court of Appeals for the Thirteenth Court of Appeals
District shall be held in the City of Corpus Christi [and the City
of Edinburg].
(b) Nueces County shall furnish and equip suitable rooms in
the City of Corpus Christi [and Hidalgo County shall furnish and
equip suitable rooms in the City of Edinburg] for the court and the
justices without expense to the state.
(c) The court may transact its business at the county seat
of any county in the district as the court determines is necessary
and convenient[, except that:
[(1) all cases originating in Nueces County shall be
heard and transacted in Nueces County; and
[(2) all cases originating in Cameron, Hidalgo, or
Willacy County shall be heard and transacted in Cameron, Hidalgo,
or Willacy County].
SECTION 3. Subchapter C, Chapter 22, Government Code, is
amended by adding Sections 22.2151 and 22.2152 to read as follows:
Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
Appeals for the Fifteenth Court of Appeals District shall be held in
the City of Edinburg.
(b) Hidalgo County shall furnish and equip suitable rooms in
the City of Edinburg for the court and the justices without expense
to the state.
(c) The court may transact its business at the county seat
of any county in the district as the court determines is necessary
and convenient.
(d) The commissioners courts of the counties in the district
by adopting concurrent orders may authorize the payment of an
automobile allowance in an amount not to exceed $15,000 annually to
each of the justices of the court for automobile expenses incurred
in performing official duties.
(e) The automobile allowance authorized by Subsection (d)
is not subject to:
(1) the limitations on additional compensation paid to
a justice of a court of appeals district imposed by Section 31.003;
or
(2) the salary differentials provided by Subchapter B,
Chapter 659.
(f) Hidalgo County shall each fiscal year pay the total
amount of the supplemental salaries, car allowances, and fringe
benefits to the justices of the court. Each county composing the
district, except Hidalgo County, shall annually reimburse Hidalgo
County for that county's portion of the total amount paid under this
subsection by Hidalgo County during the preceding fiscal year.
Each county in the district, including Hidalgo County, is liable
for a share of the total amount paid, based on the proportion that
county's population bears to the total population of all the
counties in the district.
(g) The Commissioners Court of Hidalgo County shall provide
to each county liable for the reimbursement under Subsection (f) a
statement of that county's share. The statement must be approved by
the chief justice of the Court of Appeals for the Fifteenth Court of
Appeals District. A county shall pay its share of the reimbursement
not later than the 60th day after the beginning of the county's
fiscal year.
(h) Notwithstanding any other law, all court fees and costs
collected by the Thirteenth Court of Appeals and the Fifteenth
Court of Appeals shall be equally divided between the two courts.
This subsection expires August 31, 2027.
Sec. 22.2152. APPELLATE JUDICIAL SYSTEM. (a) The
commissioners court of each county in the Fifteenth Court of
Appeals District, by order entered in its minutes, shall establish
an appellate judicial system to:
(1) assist the court of appeals for the county in the
processing of appeals filed with the court of appeals from the
county courts, county courts at law, probate courts, and district
courts; and
(2) defray costs and expenses incurred by the county
under Section 22.2151.
(b) To fund the system, the commissioners court shall set a
court costs fee of not more than $5 for each civil suit filed in a
county court, county court at law, probate court, or district court
in the county.
(c) The court costs fee does not apply to a suit filed by the
county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid
as other court costs in a suit. The clerk of the court shall collect
the court costs fee set under this section and pay it to the county
officer who performs the county treasurer's functions. That
officer shall deposit the fee in a separate appellate judicial
system fund. The commissioners court shall administer the fund to
accomplish the purposes described by Subsection (a). The fund may
not be used for any other purpose.
(e) Not later than the 91st day of each county fiscal year,
the commissioners court shall order the balance remaining in the
appellate judicial system fund at the close of the previous fiscal
year to be forwarded to the court of appeals for expenditure by the
court of appeals for the court's judicial system.
(f) The commissioners court shall vest management of the
system in the chief justice of the court of appeals in the district.
SECTION 4. Section 22.216, Government Code, is amended by
amending Subsection (m) and adding Subsection (n-1) to read as
follows:
(m) The Court of Appeals for the Thirteenth Court of Appeals
District consists of a chief justice and of two [five] justices
holding places numbered consecutively beginning with Place 2.
(n-1) The Court of Appeals for the Fifteenth Court of
Appeals District consists of a chief justice and of two justices
holding places numbered consecutively beginning with Place 2.
SECTION 5. Section 31.001, Government Code, is amended to
read as follows:
Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
The commissioners courts in the counties of each of the 15 [14]
courts of appeals districts may pay additional compensation in an
amount that does not exceed the limitations of Section 659.012 to
each of the justices of the courts of appeals residing within the
court of appeals district that includes those counties. The
compensation is for all extrajudicial services performed by the
justices.
SECTION 6. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06111 to read as follows:
Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court shall collect an appellate
judicial system filing fee of not more than $5 for the Fifteenth
Court of Appeals District under Section 22.2152.
SECTION 7. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08111 to read as follows:
Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect an appellate judicial system filing fee of not more than $5
for the Fifteenth Court of Appeals District under Section 22.2152.
SECTION 8. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.10111 to read as follows:
Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court shall
collect an appellate judicial system filing fee of not more than $5
for the Fifteenth Court of Appeals District under Section 22.2152.
SECTION 9. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.12121 to read as follows:
Sec. 101.12121. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
CODE. The clerk of a county court shall collect an appellate
judicial system filing fee of not more than $5 for the Fifteenth
Court of Appeals District under Section 22.2152.
SECTION 10. (a) A justice of the Thirteenth Court of
Appeals who is serving on September 1, 2017, and who resides in a
county that is transferred by this Act from the Thirteenth Court of
Appeals District to the Fifteenth Court of Appeals District becomes
a member of the Fifteenth Court of Appeals for the period for which
elected or appointed to the Thirteenth Court of Appeals.
(b) If more than two justices of the Thirteenth Court of
Appeals reside in a county transferred to the Fifteenth Court of
Appeals District, those justices shall draw lots to determine which
justices shall become members of the Fifteenth Court of Appeals. A
justice who resides in a county transferred to the Fifteenth Court
of Appeals District who does not become a justice of the Fifteenth
Court of Appeals must establish residency in a county in the
Thirteenth Court of Appeals District not later than January 1,
2016. A justice who does not comply with this subsection vacates the
justice's position as of January 1, 2018.
(c) The person serving as chief justice of the Thirteenth
Court of Appeals on September 1, 2017, becomes the chief justice of
the Fifteenth Court of Appeals for the period for which elected or
appointed to the Thirteenth Court of Appeals. From among the
justices of the Thirteenth Court of Appeals who remain on that
court, the governor shall designate the chief justice for that
court, who serves, unless otherwise removed from office, the term
to which the justice was elected or appointed.
(d) A justice of the Thirteenth Court of Appeals who remains
a justice of that court continues to serve for the period for which
elected or appointed.
(e) The money appropriated by the 85th Legislature, Regular
Session, 2017, for the Thirteenth Court of Appeals for the state
fiscal biennium beginning September 1, 2017, shall be equally
divided between the Thirteenth Court of Appeals and Fifteenth Court
of Appeals.
No additional money may be appropriated to the
Fifteenth Court of Appeals District.
SECTION 11. This Act does not affect the jurisdiction on
appeal of any case from a county that is transferred by this Act to a
different court of appeals district if the transcripts for the case
were filed before the effective date of this Act in the appropriate
court of appeals district.
SECTION 12. This Act takes effect September 1, 2017.