Texas 2015 - 84th Regular

Texas Senate Bill SB455 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton S.B. No. 455
2		-	(Schofield)
	1	+	S.B. No. 455
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to special three-judge district courts convened to hear
8	6		certain cases.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Subtitle A, Title 2, Government Code, is amended
11	9		by adding Chapter 22A to read as follows:
12	10		CHAPTER 22A. SPECIAL THREE-JUDGE DISTRICT COURT
13	11		Sec. 22A.001. ELIGIBLE PROCEEDINGS. (a) The attorney
14	12		general may petition the chief justice of the supreme court to
15	13		convene a special three-judge district court in any suit filed in a
16	14		district court in this state in which this state or a state officer
17	15		or agency is a defendant in a claim that:
18	16		(1) challenges the finances or operations of this
19	17		state's public school system; or
20	18		(2) involves the apportionment of districts for the
21	19		house of representatives, the senate, the State Board of Education,
22	20		or the United States Congress, or state judicial districts.
23	21		(b) A petition filed by the attorney general under this
24	22		section stays all proceedings in the district court in which the
25	23		original case was filed until the chief justice of the supreme court
26	24		acts on the petition.
27	25		(c) Within a reasonable time after receipt of a petition
28	26		from the attorney general under Subsection (a), the chief justice
29	27		of the supreme court shall grant the petition and issue an order
30	28		transferring the case to a special three-judge district court
31	29		convened as provided by Section 22A.002.
32	30		Sec. 22A.002. SPECIAL THREE-JUDGE DISTRICT COURT. (a) On
33	31		receipt of a petition under Section 22A.001, the chief justice
34	32		shall order a special three-judge district court to convene and
35	33		shall appoint three persons to serve on the court as follows:
36	34		(1) the district judge of the judicial district to
37	35		which the original case was assigned;
38	36		(2) one district judge of a judicial district other
39	37		than a judicial district in the same county as the judicial district
40	38		to which the original case was assigned; and
41	39		(3) one justice of a court of appeals other than:
42	40		(A) the court of appeals in the court of appeals
43	41		district in which the original case was assigned; or
44	42		(B) a court of appeals district in which the
45	43		district judge appointed under Subdivision (2) sits.
46	44		(b) A judge or justice appointed under Subsection (a)(2) or
47	45		(3) must have been elected to that office and may not be serving an
48	46		appointed term of office.
49	47		(c) A special three-judge district court convened under
50	48		this section shall conduct all hearings in the district court to
51	49		which the original case was assigned and may use the courtroom,
52	50		other facilities, and administrative support of the district court.
53	51		(d) The Office of Court Administration of the Texas Judicial
54	52		System shall pay the travel expenses and other incidental costs
55	53		related to convening a special three-judge district court under
56	54		this chapter.
57	55		Sec. 22A.003. CONSOLIDATION OF RELATED ACTIONS. (a) In
58	56		this section, "related case" means any case in which this state or a
59	57		state officer or agency is a defendant that arises from the same
60	58		nucleus of operative facts as the claim before a special
61	59		three-judge district court under this chapter, regardless of the
62	60		legal claims or causes of action asserted in the related case.
63	61		(b) On the motion of any party to a case assigned to a
64	62		special three-judge district court under Section 22A.002, the court
65	63		by order shall consolidate with the cause of action before the court
66	64		any related case pending in any district court or other court in
67	65		this state.
68	66		(c) A case consolidated under Subsection (b) must be
69	67		transferred to the special three-judge district court if the court
70	68		finds that transfer is necessary. The transfer may occur without
71	69		the consent of the parties to the related case or of the court in
72	70		which the related case is pending.
73	71		Sec. 22A.004. APPLICATION OF TEXAS RULES OF CIVIL
74	72		PROCEDURE. (a) Except as provided by this section, the Texas
75	73		Rules of Civil Procedure and all other statutes and rules
76	74		applicable to civil litigation in a district court in this state
77	75		apply to proceedings before a special three-judge district court.
78	76		(b) The supreme court may adopt rules for the operation of a
79	77		special three-judge district court convened under this chapter and
80	78		for the procedures of the court.
81	79		Sec. 22A.005. ACTIONS BY JUDGE OR JUSTICE. (a) With the
82	80		unanimous consent of the three judges sitting on a special
83	81		three-judge district court, a judge or justice of the court may:
84	82		(1) independently conduct pretrial proceedings; and
85	83		(2) enter interlocutory orders before trial.
86	84		(b) A judge or justice of a special three-judge district
87	85		court may not independently enter a temporary restraining order,
88	86		temporary injunction, or any order that finally disposes of a claim
89	87		before the court.
90	88		(c) Any independent action taken by one judge or justice of
91	89		a special three-judge district court related to a claim before the
92	90		court may be reviewed by the entire court at any time before final
93	91		judgment.
94	92		Sec. 22A.006. APPEAL. (a) An appeal from an appealable
95	93		interlocutory order or final judgment of a special three-judge
96	94		district court is to the supreme court.
97	95		(b) The supreme court may adopt rules for appeals from a
98	96		special three-judge district court.
99	97		SECTION 2. This Act takes effect immediately if it receives
100	98		a vote of two-thirds of all the members elected to each house, as
101	99		provided by Section 39, Article III, Texas Constitution. If this
102	100		Act does not receive the vote necessary for immediate effect, this
103	101		Act takes effect September 1, 2015.
	102	+	______________________________ ______________________________
	103	+	President of the Senate Speaker of the House
	104	+	I hereby certify that S.B. No. 455 passed the Senate on
	105	+	May 4, 2015, by the following vote: Yeas 20, Nays 11.
	106	+	______________________________
	107	+	Secretary of the Senate
	108	+	I hereby certify that S.B. No. 455 passed the House on
	109	+	May 19, 2015, by the following vote: Yeas 95, Nays 50, two
	110	+	present not voting.
	111	+	______________________________
	112	+	Chief Clerk of the House
	113	+	Approved:
	114	+	______________________________
	115	+	Date
	116	+	______________________________
	117	+	Governor