1 | 1 | | S.B. No. 659 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the creation of an appellate judicial system for the |
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6 | 6 | | Twelfth Court of Appeals District. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter C, Chapter 22, Government Code, is |
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9 | 9 | | amended by adding Section 22.2131 to read as follows: |
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10 | 10 | | Sec. 22.2131. APPELLATE JUDICIAL SYSTEM. (a) The |
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11 | 11 | | commissioners court of each county in the Twelfth Court of Appeals |
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12 | 12 | | District, by order entered in its minutes, shall establish an |
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13 | 13 | | appellate judicial system to assist the court of appeals for the |
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14 | 14 | | county in the processing of appeals filed with the court of appeals |
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15 | 15 | | from the county courts, statutory county courts, probate courts, |
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16 | 16 | | and district courts. |
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17 | 17 | | (b) To fund the system, the commissioners court shall set a |
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18 | 18 | | court costs fee of $5 for each civil suit filed in county court, |
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19 | 19 | | statutory county court, probate court, or district court in the |
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20 | 20 | | county. |
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21 | 21 | | (c) The court costs fee does not apply to a suit filed by any |
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22 | 22 | | governmental entity or to a suit for delinquent taxes. |
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23 | 23 | | (d) The court costs fee shall be taxed, collected, and paid |
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24 | 24 | | as other court costs in a suit. The clerk of the court shall collect |
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25 | 25 | | the court costs fee set under this section and pay it to the county |
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26 | 26 | | officer who performs the county treasurer's functions. That |
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27 | 27 | | officer shall deposit the fee in a separate appellate judicial |
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28 | 28 | | system fund. The commissioners court shall administer the fund to |
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29 | 29 | | establish and maintain a fund system to assist the Twelfth Court of |
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30 | 30 | | Appeals District and any other court of appeals district that has an |
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31 | 31 | | appellate judicial system in the county. The fund may not be used |
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32 | 32 | | for any other purpose. |
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33 | 33 | | (e) The commissioners court shall monthly order the funds |
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34 | 34 | | collected under this section to be forwarded in equal amounts to |
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35 | 35 | | each clerk of a court of appeals that has an appellate judicial |
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36 | 36 | | system in the county for expenditures by the court of appeals for |
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37 | 37 | | its judicial system. |
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38 | 38 | | (f) The commissioners court shall vest management of the |
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39 | 39 | | system in the chief justice of the court of appeals. |
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40 | 40 | | SECTION 2. Subchapter D, Chapter 101, Government Code, is |
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41 | 41 | | amended by adding Section 101.06114 to read as follows: |
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42 | 42 | | Sec. 101.06114. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
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43 | 43 | | CODE. The clerk of a district court in the Twelfth Court of Appeals |
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44 | 44 | | District shall collect an appellate judicial system filing fee of |
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45 | 45 | | $5 under Section 22.2131, Government Code. |
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46 | 46 | | SECTION 3. Subchapter E, Chapter 101, Government Code, is |
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47 | 47 | | amended by adding Section 101.08113 to read as follows: |
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48 | 48 | | Sec. 101.08113. ADDITIONAL STATUTORY COUNTY COURT FEES: |
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49 | 49 | | GOVERNMENT CODE. The clerk of a statutory county court in the |
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50 | 50 | | Twelfth Court of Appeals District shall collect an appellate |
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51 | 51 | | judicial system filing fee of $5 under Section 22.2131, Government |
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52 | 52 | | Code. |
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53 | 53 | | SECTION 4. Subchapter F, Chapter 101, Government Code, is |
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54 | 54 | | amended by adding Section 101.10113 to read as follows: |
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55 | 55 | | Sec. 101.10113. ADDITIONAL STATUTORY PROBATE COURT FEES: |
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56 | 56 | | GOVERNMENT CODE. The clerk of a statutory probate court in the |
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57 | 57 | | Twelfth Court of Appeals District shall collect an appellate |
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58 | 58 | | judicial system filing fee of $5 under Section 22.2131, Government |
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59 | 59 | | Code. |
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60 | 60 | | SECTION 5. Subchapter G, Chapter 101, Government Code, is |
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61 | 61 | | amended by adding Section 101.12122 to read as follows: |
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62 | 62 | | Sec. 101.12122. ADDITIONAL COUNTY COURT FEES: GOVERNMENT |
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63 | 63 | | CODE. The clerk of a county court in a county in the Twelfth Court |
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64 | 64 | | of Appeals District shall collect an appellate judicial system |
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65 | 65 | | filing fee of $5 under Section 22.2131, Government Code. |
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66 | 66 | | SECTION 6. This Act takes effect September 1, 2009. |
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67 | 67 | | ______________________________ ______________________________ |
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68 | 68 | | President of the Senate Speaker of the House |
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69 | 69 | | I hereby certify that S.B. No. 659 passed the Senate on |
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70 | 70 | | April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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71 | 71 | | ______________________________ |
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72 | 72 | | Secretary of the Senate |
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73 | 73 | | I hereby certify that S.B. No. 659 passed the House on |
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74 | 74 | | May 5, 2009, by the following vote: Yeas 144, Nays 0, one present |
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75 | 75 | | not voting. |
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76 | 76 | | ______________________________ |
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77 | 77 | | Chief Clerk of the House |
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78 | 78 | | Approved: |
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79 | 79 | | ______________________________ |
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80 | 80 | | Date |
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81 | 81 | | ______________________________ |
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82 | 82 | | Governor |
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