Bill Text: TX SB455 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to special three-judge district courts convened to hear certain cases.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-05-28 - Effective on 9/1/15 [SB455 Detail]
Download: Texas-2015-SB455-Enrolled.html
S.B. No. 455 |
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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. ELIGIBLE 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.002. | ||
Sec. 22A.002. SPECIAL THREE-JUDGE DISTRICT COURT. (a) On | ||
receipt of a petition under Section 22A.001, 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.003. 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.002, 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.004. 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.005. 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.006. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 455 passed the Senate on | ||
May 4, 2015, by the following vote: Yeas 20, Nays 11. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 455 passed the House on | ||
May 19, 2015, by the following vote: Yeas 95, Nays 50, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |