Bill Text: TX HB713 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to the creation of an appellate judicial system for the Eighth Court of Appeals District.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2011-04-26 - Laid on the table subject to call [HB713 Detail]

Download: Texas-2011-HB713-Comm_Sub.html

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82R4656 PMO-F
By: Gallego, Lewis, Quintanilla H.B. No. 713

A BILL TO BE ENTITLED
AN ACT
relating to the creation of an appellate judicial system for the
Eighth Court of Appeals District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 22, Government Code, is
amended by adding Section 22.2091 to read as follows:
Sec. 22.2091. APPELLATE JUDICIAL SYSTEM. (a) The
commissioners court of each county in the Eighth Court of Appeals
District, by order entered in its minutes, shall establish an
appellate judicial system to assist the court of appeals for the
county in the processing of appeals filed with the court of appeals
from the county courts, statutory county courts, statutory probate
courts, and district courts.
(b) To fund the system, the commissioners court shall set a
court costs fee of $5 for each civil suit filed in a county court,
statutory county court, statutory probate court, or district court
in the county.
(c) The court costs fee does not apply to a suit filed by any
governmental entity 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 for the court of appeals district. The fund may not be
used for any other purpose. The chief justice of the court of
appeals has sole discretion as to the use of the fund.
(e) The commissioners court shall monthly order the funds
collected under this section to be forwarded to the court of appeals
for expenditure by the court of appeals for its appellate judicial
system.
(f) The commissioners court shall vest management of the
system in the chief justice of the court of appeals.
SECTION 2. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06119 to read as follows:
Sec. 101.06119. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court in the Eighth Court of Appeals
District shall collect an appellate judicial system filing fee of
$5 under Section 22.2091, Government Code.
SECTION 3. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08116 to read as follows:
Sec. 101.08116. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court in the
Eighth Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2091, Government
Code.
SECTION 4. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.10115 to read as follows:
Sec. 101.10115. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court in the
Eighth Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2091, Government
Code.
SECTION 5. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.12125 to read as follows:
Sec. 101.12125. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
CODE. The clerk of a county court in a county in the Eighth Court of
Appeals District shall collect an appellate judicial system filing
fee of $5 under Section 22.2091, Government Code.
SECTION 6. This Act takes effect September 1, 2011.