84R2419 CAE-D
By: Huffines S.B. No. 64
A BILL TO BE ENTITLED
AN ACT
relating to appellate court procedures and deadlines in a civil
action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the "Appellate Court
Accountability Act."
SECTION 2. Section 22.001(b), Government Code, is amended
to read as follows:
(b) A case over which the court has jurisdiction under
Subsection (a) may be carried to the supreme court either by a
petition for review [writ of error] or by certificate from the court
of appeals, but the court of appeals may certify a question of law
arising in any of those cases at any time it chooses, either before
or after the decision of the case in that court.
SECTION 3. The heading to Section 22.007, Government Code,
is amended to read as follows:
Sec. 22.007. PETITION FOR REVIEW [APPLICATION FOR WRIT OF
ERROR].
SECTION 4. Section 22.007, Government Code, is amended by
amending Subsections (a) and (e) and adding Subsection (a-1) to
read as follows:
(a) The supreme court shall [may] act on petitions for
review as provided by this section [applications for writs of error
when the court deems it expedient]. The chief justice shall enforce
the requirements of this section as provided by Section 22.0072.
The supreme court shall pass on a petition for review [an
application for writ of error] in a case in which the justices of
the courts of appeals have disagreed or have declared void a statute
of the state. Subject to Subsection (a-1), the supreme court shall:
(1) deny a petition for review not later than the 90th
day after the date the petition is filed if the court does not
request a response to the petition;
(2) deny a petition for review not later than the 180th
day after the date the petition is filed if the court does not
request briefing on the petition; or
(3) grant or deny a petition for review not later than
the 300th day after the date the petition is filed if the court
requests briefing on the petition.
(a-1) The supreme court may place on hold a petition for
review if issues presented in the petition are related to the issues
presented in another case for which a petition for review has been
granted and a decision by the court is pending. The supreme court
shall:
(1) publish the names of the parties to the petitions
and the issues the supreme court has determined to be related; and
(2) grant or deny the petition for review placed on
hold not later than the 30th day after the date a decision has been
issued in the case for which the petition was placed on hold.
(e) The granting of a petition for review [an application
for writ of error] admits the case into the supreme court, and the
supreme court shall proceed with the case as provided by law. The
refusal or dismissal of a petition for review [an application] has
the effect of denying the admission of the case into the supreme
court, except that a motion for rehearing may be made [to the
designated justices in the same manner that a motion for rehearing
to the supreme court is made]. The denial of a petition for review
may [refusal or dismissal of an application shall] not be regarded
as a precedent or authority.
SECTION 5. Subchapter A, Chapter 22, Government Code, is
amended by adding Sections 22.0071 and 22.0072 to read as follows:
Sec. 22.0071. ISSUANCE OF DECISIONS. (a) In this section,
"term of court" means a state fiscal year beginning September 1 and
ending August 31.
(b) The supreme court shall issue a decision for all cases
in which the court grants a petition for review during the term of
court in which review was granted. Before the court adjourns for an
end-of-term recess, the chief justice shall certify that a decision
has been issued in all cases in which a petition for review was
granted during that term of court.
(c) If a petition for review is granted in June or later
during a term of court, the supreme court may, under extraordinary
circumstances, carry the decision into the next term of court. The
supreme court must state in the order granting the petition an
explanation of the nature of the extraordinary circumstance and
that the supreme court will issue a decision not later than December
31 of the next term of court.
Sec. 22.0072. ENFORCEMENT OF PROCEDURES AND DEADLINES. (a)
The supreme court shall adopt and publish written procedures that
allocate responsibilities to individual justices to assure the
supreme court's compliance with the procedures and deadlines
established by Sections 22.007 and 22.0071.
(b) The chief justice shall enforce the procedures and
deadlines established by this section and Sections 22.007 and
22.0071 and may:
(1) prohibit a justice who fails to comply with any
procedure that may result in the supreme court's failure to comply
with a requirement of this section or Section 22.007 or 22.0071 from
participating in future oral arguments until the justice complies
with the procedures and deadlines;
(2) reassign opinions to be authored by a noncompliant
justice;
(3) prohibit a noncompliant justice from
participating in a new case until the justice complies with the
procedures and deadlines; or
(4) refer a noncompliant justice to the State
Commission on Judicial Conduct.
SECTION 6. Subchapter C, Chapter 22, Government Code, is
amended by adding Sections 22.229 and 22.230 to read as follows:
Sec. 22.229. PROCESSING CIVIL APPEALS. (a) Not later than
the 60th day after the date the final brief allowed by rule is filed
in a civil appeal, a court of appeals shall announce whether oral
argument has been granted.
(b) In a civil appeal in which a court of appeals has granted
oral argument, the court shall hold the oral argument not later than
the 120th day after the date the final brief allowed by rule is
filed.
(c) A court of appeals shall issue its decision in a civil
appeal not later than the 90th day after:
(1) the date of oral argument, if oral argument is
granted; or
(2) the date the court announces that oral argument is
denied.
Sec. 22.230. ENFORCEMENT OF CIVIL APPEAL PROCEDURES AND
DEADLINES. (a) Each court of appeals shall adopt and publish
written procedures that allocate responsibilities to individual
justices of the court to assure compliance with the court's
procedures and deadlines established by this section and Section
22.229.
(b) The chief justice of each court of appeals shall enforce
the procedures and deadlines established by this section and
Section 22.229 and may:
(1) prohibit a justice who fails to comply with a
requirement of this section or Section 22.229 from participating in
future oral arguments until the justice complies with the
procedures and deadlines;
(2) reassign opinions to be authored by a
noncompliant justice; or
(3) prohibit a noncompliant justice from
participating in a new case until the justice complies with the
procedures and deadlines.
(c) The chief justice of each court of appeals shall prepare
and submit to the chief justice of the supreme court a quarterly
report regarding the compliance of the court with the requirements
of this section and Section 22.229.
(d) The chief justice of the supreme court shall monitor the
compliance of each court of appeals with the requirements of this
section and Section 22.229 and may:
(1) prohibit the filing of additional civil appeals
with a court of appeals that is not in substantial compliance; and
(2) order the transfer of civil appeals to other
courts of appeal.
(e) If a court of appeals is prohibited from accepting new
civil appeals:
(1) the justices of that court of appeals are not
credited with state service for the period during which the court
may not accept new appeals; and
(2) the Legislative Budget Board and the governor
shall take action as provided by Chapter 317 to:
(A) reduce the budget of that court of appeals in
an amount proportional to the number of civil appeals that the court
would normally hear during the period the court may not hear new
civil appeals and that are transferred to a different court; and
(B) increase the budget of each court of appeals
to which a civil appeal is transferred in an amount proportional to
the number of civil appeals transferred to that court.
(f) The chief justice of the supreme court shall prepare an
annual report regarding the compliance of the courts of appeals
with this section and Section 22.229. Not later than January 31 of
each year, the chief justice shall file the report for the preceding
year with the governor, lieutenant governor, and speaker of the
house of representatives. The report must be made available to the
public.
SECTION 7. Sections 22.007(b), (c), (d), (f), and (g),
Government Code, are repealed.
SECTION 8. (a) Section 22.007, Government Code, as amended
by this Act, and Sections 22.0071 and 22.0072, Government Code, as
added by this Act, apply beginning on the effective date of this
Act.
(b) Sections 22.229 and 22.230, Government Code, as added by
this Act, apply only to a civil appeal filed on or after the
effective date of this Act. A civil appeal filed before the
effective date of this Act is governed by the law in effect at the
time the appeal was filed, and that law is continued in effect for
that purpose.
SECTION 9. Not later than the 180th day after the effective
date of this Act, the supreme court and the courts of appeals shall
adopt any changes to the courts' rules of practice and procedure
necessary to implement this Act.
SECTION 10. This Act takes effect September 1, 2015.