By: Carona S.B. No. 408
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of and appeals from certain courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.012, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 51.012. APPEAL OR WRIT OF ERROR TO COURT OF APPEALS.
In a civil case in which the judgment or amount in controversy
exceeds $250 [$100], exclusive of interest and costs, a person may
take an appeal or writ of error to the court of appeals from a final
judgment of the district or county court.
SECTION 2. Subsection (a), Section 22.220, Government Code,
is amended to read as follows:
(a) Each court of appeals has appellate jurisdiction of all
civil cases within its district of which the district courts or
county courts have jurisdiction when the amount in controversy or
the judgment rendered exceeds $250 [$100], exclusive of interest
and costs.
SECTION 3. Subsection (c), Section 26.042, Government Code,
is amended to read as follows:
(c) If under Subchapter E a county court has original
concurrent jurisdiction with the justice courts in all civil
matters in which the justice courts have jurisdiction, an appeal or
writ of error may not be taken to the court of appeals from a final
judgment of the county court in a civil case in which:
(1) the county court has appellate or original
concurrent jurisdiction with the justice courts; and
(2) the judgment or amount in controversy does not
exceed $250 [$100], exclusive of interest and costs.
SECTION 4. Subsection (b), Section 28.052, Government Code,
is amended to read as follows:
(b) Except to the extent of any conflict with this
subchapter, appeal [Appeal] is in the manner provided by law for
appeals [appeal] from justice courts [court to county court].
SECTION 5. The heading to Section 28.053, Government Code,
is amended to read as follows:
Sec. 28.053. DE NOVO TRIAL [HEARING] ON APPEAL.
SECTION 6. Subsections (b) and (d), Section 28.053,
Government Code, are amended to read as follows:
(b) Trial on appeal to the county court or county court at
law is de novo. No further pleadings are required [and the
procedure is the same as in small claims court].
(d) A person may appeal the final judgment [Judgment] of the
county court or county court at law on the appeal to the court of
appeals [is final].
SECTION 7. The changes in law made by this Act apply only to
an action filed on or after the effective date of this Act. An
action filed before the effective date of this Act is governed by
the law applicable to the action immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2009.