By: Creighton S.B. No. 455
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a special three-judge district court.
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) In any lawsuit in
district court in which the State or an officer or agency of the
State is a defendant and in which a claim described by subsection
22A.001(a)(1) or 22A.001(a)(2) is filed by any party, the Attorney
General may petition the Chief Justice of the Supreme Court for the
formation of a special three-judge district court. This section
applies to:
(1) any claim challenging the finances or operations
of the State's public school system; and
(2) any claim involving the apportionment of districts
for the Texas House, Texas Senate, U.S. Congress, State Board of
Education, or the apportionment of state judicial districts.
(b) Such a petition by the Attorney General stays all
proceedings in the district court until the Chief Justice acts on
the petition.
(c) Within a reasonable time after receipt of a petition
under section 22A.001, the Chief Justice shall order that the case
be heard by a special three-judge district court as provided by
section 22A.003.
Sec. 22A.002 DISCRETIONARY PROCEEDINGS. (a) In any lawsuit
in district court in which the State or an officer or agency of the
State is a defendant, the Attorney General may petition the Chief
Justice of the Supreme Court for the formation of a special
three-judge district court as provided by section 22A.003. The
Attorney General's petition must certify that the outcome of the
case:
(1) could significantly impact the finances of the
State;
(2) could significantly alter the operations of
important statewide policies or programs; or
(3) is otherwise of exceptional statewide importance
such that the case should not be decided by a single district judge.
(b) Such a petition by the AG stays all proceedings in the
district court until the Chief Justice acts on the petition.
(c) The Chief Justice may request that any party file a
statement objecting to or supporting the Attorney General's
petition. No such statement may be filed unless requested by the
Chief Justice. Any such statement shall address only whether the
claims at issue satisfy the criteria listed in section
22A.003(a)(1)-(a)(3)and shall not address other matters.
(d) The chief justice may either deny the petition or order
that the case be heard by a special three-judge district court.
(e) The Chief Justice's decision to grant or deny the
petition is final and may not be appealed or challenged.
(f) In ruling on a petition filed under section 22A.002, the
Chief Justice may consider:
(1) whether the petition meets the standards of
subsections 22A.002(a)(1)-22A.002(a)(3); and
(2) the available resources of the court system of the
State.
(g) In ruling on the petition, the Chief Justice shall
express no opinion on any question of law or fact arising from the
claims giving rise to the petition.
Sec. 22A.003 SPECIAL THREE-JUDGE DISTRICT COURTS. (a) After
receipt of a petition under Section 22A.001 or after granting a
petition under Section 22A.002, the Chief Justice shall order the
formation of a three-judge district court. The court shall consist
of:
(1) The district judge to whom the case was assigned at
the time the petition to the Chief Justice was submitted.
(2) A district judge chosen by the Chief Justice who
has been elected by the voters of a county other than the county in
which the case was filed; and
(3) A justice of a court of appeals chosen by the Chief
Justice who has been elected by the voters of a judicial district
other than the judicial district in which the case was filed or in
which the district judge chosen under section sits.
(b) The three-judge court shall sit in the county in which
the case was filed and may use the facilities, courtroom, and
administrative support of the district court in which the case was
filed.
(c) The travel expenses and other incidental costs related
to convening the three-judge court shall be paid by the Office of
Court Administration.
(d) On the motion of any party, a special three-judge court
shall consolidate with the cause of action before it any related
case pending in any district court or inferior court in the State.
Any case so consolidated shall be transferred, if necessary, to the
district court in which the three-judge court sits. Such transfer
may occur without the consent of the parties to the related case or
the court in which the related case is pending. For purposes of this
subsection, "related case" means any case in which the State or an
agency or officer of the State is a defendant that arises from the
same nucleus of operative facts, regardless of the legal claims or
causes of action asserted.
Section 22A.004 RULES OF CIVIL PROCEDURE. (a) Except as
provided by this section, the Texas Rules of Civil Procedure and all
other statutes and rules normally applicable to litigation in civil
district courts in this State shall apply to proceedings in front of
a three-judge district court; provided, however, that the Supreme
Court may promulgate rules for the operation of three-judge
district courts convened under this chapter.
Section 22A.005 ACTIONS BY JUSTICES. (a)With the unanimous
consent of the three-judge panel, a single judge on the three-judge
court may conduct pre-trial proceedings and enter interlocutory
orders prior to trial.
(b) No single judge may enter a temporary restraining order,
a temporary injunction, or any order that finally disposes of any
claim.
(c) Any action by a single judge may be reviewed by the full
three-judge court at any time prior to final judgment.
Section 22A.006 APPEAL. (a) Appeal from an appealable
interlocutory order of final judgment of a three-judge court shall
be directly to the Supreme Court.
(b) The Supreme Court may promulgate rules for appeals from
three-judge district courts.
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. This Act applies only to
lawsuits filed after the Act is sent to the Governor for signature.