Texas 2015 - 84th Regular

Texas House Bill HB2730 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	84R12335 YDB-F
2	2	By: Stephenson, Thompson of Harris, Morrison, H.B. No. 2730
3	3	Turner of Harris, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the Thirteenth Court of Appeals District and to the
9	9	creation of the Fifteenth Court of Appeals District; authorizing
10	10	fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 22.201, Government Code, is amended by
13	13	amending Subsections (a) and (n) and adding Subsection (p) to read
14	14	as follows:
15	15	(a) The state is divided into 15 [14] courts of appeals
16	16	districts with a court of appeals in each district.
17	17	(n) The Thirteenth Court of Appeals District is composed of
18	18	the counties of Aransas, Bee, Calhoun, [Cameron,] DeWitt, Goliad,
19	19	Gonzales, [Hidalgo,] Jackson, Kenedy, Kleberg, Lavaca, Live Oak,
20	20	Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton[,
21	21	and Willacy].
22	22	(p) The Fifteenth Court of Appeals District is composed of
23	23	the counties of Cameron, Hidalgo, and Willacy.
24	24	SECTION 2. Sections 22.214(a), (b), and (c), Government
25	25	Code, are amended to read as follows:
26	26	(a) The Court of Appeals for the Thirteenth Court of Appeals
27	27	District shall be held in the City of Corpus Christi [and the City
28	28	of Edinburg].
29	29	(b) Nueces County shall furnish and equip suitable rooms in
30	30	the City of Corpus Christi [and Hidalgo County shall furnish and
31	31	equip suitable rooms in the City of Edinburg] for the court and the
32	32	justices without expense to the state.
33	33	(c) The court may transact its business at the county seat
34	34	of any county in the district as the court determines is necessary
35	35	and convenient[, except that:
36	36	[(1) all cases originating in Nueces County shall be
37	37	heard and transacted in Nueces County; and
38	38	[(2) all cases originating in Cameron, Hidalgo, or
39	39	Willacy County shall be heard and transacted in Cameron, Hidalgo,
40	40	or Willacy County].
41	41	SECTION 3. Subchapter C, Chapter 22, Government Code, is
42	42	amended by adding Sections 22.2151 and 22.2152 to read as follows:
43	43	Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
44	44	Appeals for the Fifteenth Court of Appeals District shall be held in
45	45	the City of Edinburg.
46	46	(b) Hidalgo County shall furnish and equip suitable rooms in
47	47	the City of Edinburg for the court and the justices without expense
48	48	to the state.
49	49	(c) The court may transact its business at the county seat
50	50	of any county in the district as the court determines is necessary
51	51	and convenient.
52	52	(d) The commissioners courts of the counties in the district
53	53	by adopting concurrent orders may authorize the payment of an
54	54	automobile allowance in an amount not to exceed $15,000 annually to
55	55	each of the justices of the court for automobile expenses incurred
56	56	in performing official duties.
57	57	(e) The automobile allowance authorized by Subsection (d)
58	58	is not subject to:
59	59	(1) the limitations on additional compensation paid to
60	60	a justice of a court of appeals district imposed by Section 31.003;
61	61	or
62	62	(2) the salary differentials provided by Subchapter B,
63	63	Chapter 659.
64	64	(f) Hidalgo County shall each fiscal year pay the total
65	65	amount of the supplemental salaries, car allowances, and fringe
66	66	benefits to the justices of the court. Each county composing the
67	67	district, except Hidalgo County, shall annually reimburse Hidalgo
68	68	County for that county's portion of the total amount paid under this
69	69	subsection by Hidalgo County during the preceding fiscal year.
70	70	Each county in the district, including Hidalgo County, is liable
71	71	for a share of the total amount paid, based on the proportion that
72	72	county's population bears to the total population of all the
73	73	counties in the district.
74	74	(g) The Commissioners Court of Hidalgo County shall provide
75	75	to each county liable for the reimbursement under Subsection (f) a
76	76	statement of that county's share. The statement must be approved by
77	77	the chief justice of the Court of Appeals for the Fifteenth Court of
78	78	Appeals District. A county shall pay its share of the reimbursement
79	79	not later than the 60th day after the beginning of the county's
80	80	fiscal year.
81	81	(h) Notwithstanding any other law, all court fees and costs
82	82	collected by the Thirteenth Court of Appeals and the Fifteenth
83	83	Court of Appeals shall be equally divided between the two courts.
84	84	This subsection expires August 31, 2025.
85	85	Sec. 22.2152. APPELLATE JUDICIAL SYSTEM. (a) The
86	86	commissioners court of each county in the Fifteenth Court of
87	87	Appeals District, by order entered in its minutes, shall establish
88	88	an appellate judicial system to:
89	89	(1) assist the court of appeals for the county in the
90	90	processing of appeals filed with the court of appeals from the
91	91	county courts, county courts at law, probate courts, and district
92	92	courts; and
93	93	(2) defray costs and expenses incurred by the county
94	94	under Section 22.2151.
95	95	(b) To fund the system, the commissioners court shall set a
96	96	court costs fee of not more than $5 for each civil suit filed in a
97	97	county court, county court at law, probate court, or district court
98	98	in the county.
99	99	(c) The court costs fee does not apply to a suit filed by the
100	100	county or to a suit for delinquent taxes.
101	101	(d) The court costs fee shall be taxed, collected, and paid
102	102	as other court costs in a suit. The clerk of the court shall collect
103	103	the court costs fee set under this section and pay it to the county
104	104	officer who performs the county treasurer's functions. That
105	105	officer shall deposit the fee in a separate appellate judicial
106	106	system fund. The commissioners court shall administer the fund to
107	107	accomplish the purposes described by Subsection (a). The fund may
108	108	not be used for any other purpose.
109	109	(e) Not later than the 91st day of each county fiscal year,
110	110	the commissioners court shall order the balance remaining in the
111	111	appellate judicial system fund at the close of the previous fiscal
112	112	year to be forwarded to the court of appeals for expenditure by the
113	113	court of appeals for the court's judicial system.
114	114	(f) The commissioners court shall vest management of the
115	115	system in the chief justice of the court of appeals in the district.
116	116	SECTION 4. Section 22.216, Government Code, is amended by
117	117	amending Subsection (m) and adding Subsection (n-1) to read as
118	118	follows:
119	119	(m) The Court of Appeals for the Thirteenth Court of Appeals
120	120	District consists of a chief justice and of two [five] justices
121	121	holding places numbered consecutively beginning with Place 2.
122	122	(n-1) The Court of Appeals for the Fifteenth Court of
123	123	Appeals District consists of a chief justice and of two justices
124	124	holding places numbered consecutively beginning with Place 2.
125	125	SECTION 5. Section 31.001, Government Code, is amended to
126	126	read as follows:
127	127	Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
128	128	The commissioners courts in the counties of each of the 15 [14]
129	129	courts of appeals districts may pay additional compensation in an
130	130	amount that does not exceed the limitations of Section 659.012 to
131	131	each of the justices of the courts of appeals residing within the
132	132	court of appeals district that includes those counties. The
133	133	compensation is for all extrajudicial services performed by the
134	134	justices.
135	135	SECTION 6. Subchapter D, Chapter 101, Government Code, is
136	136	amended by adding Section 101.06111 to read as follows:
137	137	Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
138	138	CODE. The clerk of a district court shall collect an appellate
139	139	judicial system filing fee of not more than $5 for the Fifteenth
140	140	Court of Appeals District under Section 22.2152.
141	141	SECTION 7. Subchapter E, Chapter 101, Government Code, is
142	142	amended by adding Section 101.08111 to read as follows:
143	143	Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT
144	144	FEES: GOVERNMENT CODE. The clerk of a statutory county court
145	145	shall collect an appellate judicial system filing fee of not more
146	146	than $5 for the Fifteenth Court of Appeals District under Section
147	147	22.2152.
148	148	SECTION 8. Subchapter F, Chapter 101, Government Code, is
149	149	amended by adding Section 101.10111 to read as follows:
150	150	Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT
151	151	FEES: GOVERNMENT CODE. The clerk of a statutory probate court
152	152	shall collect an appellate judicial system filing fee of not more
153	153	than $5 for the Fifteenth Court of Appeals District under Section
154	154	22.2152.
155	155	SECTION 9. Subchapter G, Chapter 101, Government Code, is
156	156	amended by adding Section 101.12121 to read as follows:
157	157	Sec. 101.12121. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
158	158	CODE. The clerk of a county court shall collect an appellate
159	159	judicial system filing fee of not more than $5 for the Fifteenth
160	160	Court of Appeals District under Section 22.2152.
161	161	SECTION 10. (a) A justice of the Thirteenth Court of
162	162	Appeals who is serving on September 1, 2015, and who resides in a
163	163	county that is transferred by this Act from the Thirteenth Court of
164	164	Appeals District to the Fifteenth Court of Appeals District becomes
165	165	a member of the Fifteenth Court of Appeals for the period for which
166	166	elected or appointed to the Thirteenth Court of Appeals.
167	167	(b) If more than two justices of the Thirteenth Court of
168	168	Appeals reside in a county transferred to the Fifteenth Court of
169	169	Appeals District, those justices shall draw lots to determine which
170	170	justices shall become members of the Fifteenth Court of Appeals. A
171	171	justice who resides in a county transferred to the Fifteenth Court
172	172	of Appeals District who does not become a justice of the Fifteenth
173	173	Court of Appeals must establish residency in a county in the
174	174	Thirteenth Court of Appeals District not later than January 1,
175	175	2016. A justice who does not comply with this subsection vacates
176	176	the justice's position as of January 1, 2016.
177	177	(c) The person serving as chief justice of the Thirteenth
178	178	Court of Appeals on September 1, 2015, becomes the chief justice of
179	179	the Fifteenth Court of Appeals for the period for which elected or
180	180	appointed to the Thirteenth Court of Appeals. From among the
181	181	justices of the Thirteenth Court of Appeals who remain on that
182	182	court, the governor shall designate the chief justice for that
183	183	court, who serves, unless otherwise removed from office, the term
184	184	to which the justice was elected or appointed.
185	185	(d) A justice of the Thirteenth Court of Appeals who remains
186	186	a justice of that court continues to serve for the period for which
187	187	elected or appointed.
188	188	(e) The money appropriated by the 84th Legislature, Regular
189	189	Session, 2015, for the Thirteenth Court of Appeals for the state
190	190	fiscal biennium beginning September 1, 2015, shall be equally
191	191	divided between the Thirteenth Court of Appeals and Fifteenth Court
192	192	of Appeals. No additional money may be appropriated to the
193	193	Fifteenth Court of Appeals District.
194	194	SECTION 11. This Act does not affect the jurisdiction on
195	195	appeal of any case from a county that is transferred by this Act to a
196	196	different court of appeals district if the transcripts for the case
197	197	were filed before the effective date of this Act in the appropriate
198	198	court of appeals district.
199	199	SECTION 12. This Act takes effect September 1, 2015.