Texas 2015 - 84th Regular

Texas House Bill HB1091 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R14520 YDB-F
2	2	By: Schofield, Clardy H.B. No. 1091
3	3	Substitute the following for H.B. No. 1091:
4	4	By: Schofield C.S.H.B. No. 1091
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to special three-judge district courts convened to hear
10	10	certain cases.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 2, Government Code, is amended
13	13	by adding Chapter 22A to read as follows:
14	14	CHAPTER 22A. SPECIAL THREE-JUDGE DISTRICT COURT
15	15	Sec. 22A.001. MANDATORY PROCEEDINGS. (a) The attorney
16	16	general may petition the chief justice of the supreme court to
17	17	convene a special three-judge district court in any suit filed in a
18	18	district court in this state in which this state or a state officer
19	19	or agency is a defendant in a claim that:
20	20	(1) challenges the finances or operations of this
21	21	state's public school system; or
22	22	(2) involves the apportionment of districts for the
23	23	house of representatives, the senate, the State Board of Education,
24	24	or the United States Congress, or state judicial districts.
25	25	(b) A petition filed by the attorney general under this
26	26	section stays all proceedings in the district court in which the
27	27	original case was filed until the chief justice of the supreme court
28	28	acts on the petition.
29	29	(c) Within a reasonable time after receipt of a petition
30	30	from the attorney general under Subsection (a), the chief justice
31	31	of the supreme court shall grant the petition and issue an order
32	32	transferring the case to a special three-judge district court
33	33	convened as provided by Section 22A.003.
34	34	Sec. 22A.002. DISCRETIONARY PROCEEDINGS. (a) The attorney
35	35	general may petition the chief justice of the supreme court to
36	36	convene a special three-judge district court in any suit filed in a
37	37	district court in this state in which this state or a state officer
38	38	or agency is a defendant in a claim that:
39	39	(1) has the potential to significantly impact this
40	40	state's finances;
41	41	(2) has the potential to significantly alter the
42	42	operations of important statewide policies or programs; or
43	43	(3) is otherwise of such exceptional statewide
44	44	importance that the claim should not be decided by one district
45	45	judge.
46	46	(b) The attorney general shall submit with a petition filed
47	47	under this section a written certification that the claim on which
48	48	the petition is based satisfies the jurisdictional requirements
49	49	under Subsection (a).
50	50	(c) A petition filed by the attorney general under this
51	51	section stays all proceedings in the district court to which the
52	52	original case was assigned until the chief justice of the supreme
53	53	court acts on the petition.
54	54	(d) The chief justice may request any party to a claim for
55	55	which a petition is filed under this section to file a statement
56	56	objecting to or supporting the attorney general's petition. A
57	57	party may not file the statement unless it is requested by the chief
58	58	justice. The statement may only address whether the claim
59	59	satisfies the jurisdictional requirements under Subsection (a).
60	60	(e) On receipt of a petition from the attorney general under
61	61	Subsection (a), the chief justice may deny the petition or grant the
62	62	petition and issue an order transferring the case to a special
63	63	three-judge district court convened as provided by Section 22A.003.
64	64	(f) The chief justice's decision to deny or grant a petition
65	65	under this section is final and may not be appealed or challenged.
66	66	(g) In ruling on a petition under this section, the chief
67	67	justice:
68	68	(1) may consider whether:
69	69	(A) the petition satisfies the jurisdictional
70	70	requirements under Subsection (a); and
71	71	(B) the resources available in this state's court
72	72	system are sufficient to allow the claim to be heard by a special
73	73	three-judge district court; and
74	74	(2) may not express an opinion on any question of law
75	75	or fact arising from the claims in the petition.
76	76	Sec. 22A.003. SPECIAL THREE-JUDGE DISTRICT COURT. (a) On
77	77	receipt of a petition under Section 22A.001 or on granting a
78	78	petition under Section 22A.002, the chief justice shall order a
79	79	special three-judge district court to convene and shall appoint
80	80	three persons to serve on the court as follows:
81	81	(1) the district judge of the judicial district to
82	82	which the original case was assigned;
83	83	(2) one district judge of a judicial district other
84	84	than a judicial district in the same county as the judicial district
85	85	to which the original case was assigned; and
86	86	(3) one justice of a court of appeals other than:
87	87	(A) the court of appeals in the court of appeals
88	88	district in which the original case was assigned; or
89	89	(B) a court of appeals district in which the
90	90	district judge appointed under Subdivision (2) sits.
91	91	(b) A judge or justice appointed under Subsection (a)(2) or
92	92	(3) must have been elected to that office and may not be serving an
93	93	appointed term of office.
94	94	(c) A special three-judge district court convened under
95	95	this section shall conduct all hearings in the district court to
96	96	which the original case was assigned and may use the courtroom,
97	97	other facilities, and administrative support of the district court.
98	98	(d) The Office of Court Administration of the Texas Judicial
99	99	System shall pay the travel expenses and other incidental costs
100	100	related to convening a special three-judge district court under
101	101	this chapter.
102	102	Sec. 22A.004. CONSOLIDATION OF RELATED ACTIONS. (a) In
103	103	this section, "related case" means any case in which this state or a
104	104	state officer or agency is a defendant that arises from the same
105	105	nucleus of operative facts as the claim before a special
106	106	three-judge district court under this chapter, regardless of the
107	107	legal claims or causes of action asserted in the related case.
108	108	(b) On the motion of any party to a case assigned to a
109	109	special three-judge district court under Section 22A.003, the court
110	110	by order shall consolidate with the cause of action before the court
111	111	any related case pending in any district court or other court in
112	112	this state.
113	113	(c) A case consolidated under Subsection (b) must be
114	114	transferred to the special three-judge district court if the court
115	115	finds that transfer is necessary. The transfer may occur without
116	116	the consent of the parties to the related case or of the court in
117	117	which the related case is pending.
118	118	Sec. 22A.005. APPLICATION OF TEXAS RULES OF CIVIL
119	119	PROCEDURE. (a) Except as provided by this section, the Texas Rules
120	120	of Civil Procedure and all other statutes and rules applicable to
121	121	civil litigation in a district court in this state apply to
122	122	proceedings before a special three-judge district court.
123	123	(b) The supreme court may adopt rules for the operation of a
124	124	special three-judge district court convened under this chapter and
125	125	for the procedures of the court.
126	126	Sec. 22A.006. ACTIONS BY JUDGE OR JUSTICE. (a) With the
127	127	unanimous consent of the three judges sitting on a special
128	128	three-judge district court, a judge or justice of the court may:
129	129	(1) independently conduct pretrial proceedings; and
130	130	(2) enter interlocutory orders before trial.
131	131	(b) A judge or justice of a special three-judge district
132	132	court may not independently enter a temporary restraining order,
133	133	temporary injunction, or any order that finally disposes of a claim
134	134	before the court.
135	135	(c) Any independent action taken by one judge or justice of
136	136	a special three-judge district court related to a claim before the
137	137	court may be reviewed by the entire court at any time before final
138	138	judgment.
139	139	Sec. 22A.007. APPEAL. (a) An appeal from an appealable
140	140	interlocutory order or final judgment of a special three-judge
141	141	district court is to the supreme court.
142	142	(b) The supreme court may adopt rules for appeals from a
143	143	special three-judge district court.
144	144	SECTION 2. This Act takes effect immediately if it receives
145	145	a vote of two-thirds of all the members elected to each house, as
146	146	provided by Section 39, Article III, Texas Constitution. If this
147	147	Act does not receive the vote necessary for immediate effect, this
148	148	Act takes effect September 1, 2015.