Bill Text: TX SB455 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: Creighton | S.B. No. 455 |
|
||
|
||
relating to the creation of a special three-judge district court. | ||
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) In any lawsuit in | ||
district court in which the State or an officer or agency of the | ||
State is a defendant and in which a claim described by subsection | ||
22A.001(a)(1) or 22A.001(a)(2) is filed by any party, the Attorney | ||
General may petition the Chief Justice of the Supreme Court for the | ||
formation of a special three-judge district court. This section | ||
applies to: | ||
(1) any claim challenging the finances or operations | ||
of the State's public school system; and | ||
(2) any claim involving the apportionment of districts | ||
for the Texas House, Texas Senate, U.S. Congress, State Board of | ||
Education, or the apportionment of state judicial districts. | ||
(b) Such a petition by the Attorney General stays all | ||
proceedings in the district court until the Chief Justice acts on | ||
the petition. | ||
(c) Within a reasonable time after receipt of a petition | ||
under section 22A.001, the Chief Justice shall order that the case | ||
be heard by a special three-judge district court as provided by | ||
section 22A.003. | ||
Sec. 22A.002 DISCRETIONARY PROCEEDINGS. (a) In any lawsuit | ||
in district court in which the State or an officer or agency of the | ||
State is a defendant, the Attorney General may petition the Chief | ||
Justice of the Supreme Court for the formation of a special | ||
three-judge district court as provided by section 22A.003. The | ||
Attorney General's petition must certify that the outcome of the | ||
case: | ||
(1) could significantly impact the finances of the | ||
State; | ||
(2) could significantly alter the operations of | ||
important statewide policies or programs; or | ||
(3) is otherwise of exceptional statewide importance | ||
such that the case should not be decided by a single district judge. | ||
(b) Such a petition by the AG stays all proceedings in the | ||
district court until the Chief Justice acts on the petition. | ||
(c) The Chief Justice may request that any party file a | ||
statement objecting to or supporting the Attorney General's | ||
petition. No such statement may be filed unless requested by the | ||
Chief Justice. Any such statement shall address only whether the | ||
claims at issue satisfy the criteria listed in section | ||
22A.003(a)(1)-(a)(3)and shall not address other matters. | ||
(d) The chief justice may either deny the petition or order | ||
that the case be heard by a special three-judge district court. | ||
(e) The Chief Justice's decision to grant or deny the | ||
petition is final and may not be appealed or challenged. | ||
(f) In ruling on a petition filed under section 22A.002, the | ||
Chief Justice may consider: | ||
(1) whether the petition meets the standards of | ||
subsections 22A.002(a)(1)-22A.002(a)(3); and | ||
(2) the available resources of the court system of the | ||
State. | ||
(g) In ruling on the petition, the Chief Justice shall | ||
express no opinion on any question of law or fact arising from the | ||
claims giving rise to the petition. | ||
Sec. 22A.003 SPECIAL THREE-JUDGE DISTRICT COURTS. (a) After | ||
receipt of a petition under Section 22A.001 or after granting a | ||
petition under Section 22A.002, the Chief Justice shall order the | ||
formation of a three-judge district court. The court shall consist | ||
of: | ||
(1) The district judge to whom the case was assigned at | ||
the time the petition to the Chief Justice was submitted. | ||
(2) A district judge chosen by the Chief Justice who | ||
has been elected by the voters of a county other than the county in | ||
which the case was filed; and | ||
(3) A justice of a court of appeals chosen by the Chief | ||
Justice who has been elected by the voters of a judicial district | ||
other than the judicial district in which the case was filed or in | ||
which the district judge chosen under section sits. | ||
(b) The three-judge court shall sit in the county in which | ||
the case was filed and may use the facilities, courtroom, and | ||
administrative support of the district court in which the case was | ||
filed. | ||
(c) The travel expenses and other incidental costs related | ||
to convening the three-judge court shall be paid by the Office of | ||
Court Administration. | ||
(d) On the motion of any party, a special three-judge court | ||
shall consolidate with the cause of action before it any related | ||
case pending in any district court or inferior court in the State. | ||
Any case so consolidated shall be transferred, if necessary, to the | ||
district court in which the three-judge court sits. Such transfer | ||
may occur without the consent of the parties to the related case or | ||
the court in which the related case is pending. For purposes of this | ||
subsection, "related case" means any case in which the State or an | ||
agency or officer of the State is a defendant that arises from the | ||
same nucleus of operative facts, regardless of the legal claims or | ||
causes of action asserted. | ||
Section 22A.004 RULES OF CIVIL PROCEDURE. (a) Except as | ||
provided by this section, the Texas Rules of Civil Procedure and all | ||
other statutes and rules normally applicable to litigation in civil | ||
district courts in this State shall apply to proceedings in front of | ||
a three-judge district court; provided, however, that the Supreme | ||
Court may promulgate rules for the operation of three-judge | ||
district courts convened under this chapter. | ||
Section 22A.005 ACTIONS BY JUSTICES. (a)With the unanimous | ||
consent of the three-judge panel, a single judge on the three-judge | ||
court may conduct pre-trial proceedings and enter interlocutory | ||
orders prior to trial. | ||
(b) No single judge may enter a temporary restraining order, | ||
a temporary injunction, or any order that finally disposes of any | ||
claim. | ||
(c) Any action by a single judge may be reviewed by the full | ||
three-judge court at any time prior to final judgment. | ||
Section 22A.006 APPEAL. (a) Appeal from an appealable | ||
interlocutory order of final judgment of a three-judge court shall | ||
be directly to the Supreme Court. | ||
(b) The Supreme Court may promulgate rules for appeals from | ||
three-judge district courts. | ||
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. This Act applies only to | ||
lawsuits filed after the Act is sent to the Governor for signature. |