84R14520 YDB-F
By: Schofield, Clardy H.B. No. 1091
Substitute the following for H.B. No. 1091:
By: Schofield C.S.H.B. No. 1091
A BILL TO BE ENTITLED
AN ACT
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. MANDATORY 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.003.
Sec. 22A.002. DISCRETIONARY 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) has the potential to significantly impact this
state's finances;
(2) has the potential to significantly alter the
operations of important statewide policies or programs; or
(3) is otherwise of such exceptional statewide
importance that the claim should not be decided by one district
judge.
(b) The attorney general shall submit with a petition filed
under this section a written certification that the claim on which
the petition is based satisfies the jurisdictional requirements
under Subsection (a).
(c) A petition filed by the attorney general under this
section stays all proceedings in the district court to which the
original case was assigned until the chief justice of the supreme
court acts on the petition.
(d) The chief justice may request any party to a claim for
which a petition is filed under this section to file a statement
objecting to or supporting the attorney general's petition. A
party may not file the statement unless it is requested by the chief
justice. The statement may only address whether the claim
satisfies the jurisdictional requirements under Subsection (a).
(e) On receipt of a petition from the attorney general under
Subsection (a), the chief justice may deny the petition or grant the
petition and issue an order transferring the case to a special
three-judge district court convened as provided by Section 22A.003.
(f) The chief justice's decision to deny or grant a petition
under this section is final and may not be appealed or challenged.
(g) In ruling on a petition under this section, the chief
justice:
(1) may consider whether:
(A) the petition satisfies the jurisdictional
requirements under Subsection (a); and
(B) the resources available in this state's court
system are sufficient to allow the claim to be heard by a special
three-judge district court; and
(2) may not express an opinion on any question of law
or fact arising from the claims in the petition.
Sec. 22A.003. SPECIAL THREE-JUDGE DISTRICT COURT. (a) On
receipt of a petition under Section 22A.001 or on granting a
petition under Section 22A.002, 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.004. 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.003, 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.005. 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.006. 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.007. 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.