By: Creighton S.B. No. 455
(In the Senate - Filed February 4, 2015; February 9, 2015,
read first time and referred to Committee on State Affairs;
April 28, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 28, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 455 By: Schwertner
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. ELIGIBLE 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.002.
Sec. 22A.002. SPECIAL THREE-JUDGE DISTRICT COURT. (a) On
receipt of a petition under Section 22A.001, 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.003. 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.002, 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.004. 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.005. 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.006. 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.
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