Texas 2017 - 85th Regular

Texas House Bill HB474 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Stephenson H.B. No. 474
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the Thirteenth Court of Appeals District and to the
7	7	creation of the Fifteenth Court of Appeals District; authorizing
8	8	fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.201, Government Code, is amended by
11	11	amending Subsections (a) and (n) and adding Subsection (p) to read
12	12	as follows:
13	13	(a) The state is divided into 15 [14] courts of appeals
14	14	districts with a court of appeals in each district.
15	15	(n) The Thirteenth Court of Appeals District is composed of
16	16	the counties of Aransas, Bee, Calhoun, [Cameron,] DeWitt, Goliad,
17	17	Gonzales, [Hidalgo,] Jackson, Kenedy, Kleberg, Lavaca, Live Oak,
18	18	Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton[,
19	19	and Willacy].
20	20	(p) The Fifteenth Court of Appeals District is composed of
21	21	the counties of Cameron, Hidalgo, and Willacy.
22	22	SECTION 2. Sections 22.214(a), (b), and (c), Government
23	23	Code, are amended to read as follows:
24	24	(a) The Court of Appeals for the Thirteenth Court of Appeals
25	25	District shall be held in the City of Corpus Christi [and the City
26	26	of Edinburg].
27	27	(b) Nueces County shall furnish and equip suitable rooms in
28	28	the City of Corpus Christi [and Hidalgo County shall furnish and
29	29	equip suitable rooms in the City of Edinburg] for the court and the
30	30	justices without expense to the state.
31	31	(c) The court may transact its business at the county seat
32	32	of any county in the district as the court determines is necessary
33	33	and convenient[, except that:
34	34	[(1) all cases originating in Nueces County shall be
35	35	heard and transacted in Nueces County; and
36	36	[(2) all cases originating in Cameron, Hidalgo, or
37	37	Willacy County shall be heard and transacted in Cameron, Hidalgo,
38	38	or Willacy County].
39	39	SECTION 3. Subchapter C, Chapter 22, Government Code, is
40	40	amended by adding Sections 22.2151 and 22.2152 to read as follows:
41	41	Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
42	42	Appeals for the Fifteenth Court of Appeals District shall be held in
43	43	the City of Edinburg.
44	44	(b) Hidalgo County shall furnish and equip suitable rooms in
45	45	the City of Edinburg for the court and the justices without expense
46	46	to the state.
47	47	(c) The court may transact its business at the county seat
48	48	of any county in the district as the court determines is necessary
49	49	and convenient.
50	50	(d) The commissioners courts of the counties in the district
51	51	by adopting concurrent orders may authorize the payment of an
52	52	automobile allowance in an amount not to exceed $15,000 annually to
53	53	each of the justices of the court for automobile expenses incurred
54	54	in performing official duties.
55	55	(e) The automobile allowance authorized by Subsection (d)
56	56	is not subject to:
57	57	(1) the limitations on additional compensation paid to
58	58	a justice of a court of appeals district imposed by Section 31.003;
59	59	or
60	60	(2) the salary differentials provided by Subchapter B,
61	61	Chapter 659.
62	62	(f) Hidalgo County shall each fiscal year pay the total
63	63	amount of the supplemental salaries, car allowances, and fringe
64	64	benefits to the justices of the court. Each county composing the
65	65	district, except Hidalgo County, shall annually reimburse Hidalgo
66	66	County for that county's portion of the total amount paid under this
67	67	subsection by Hidalgo County during the preceding fiscal year.
68	68	Each county in the district, including Hidalgo County, is liable
69	69	for a share of the total amount paid, based on the proportion that
70	70	county's population bears to the total population of all the
71	71	counties in the district.
72	72	(g) The Commissioners Court of Hidalgo County shall provide
73	73	to each county liable for the reimbursement under Subsection (f) a
74	74	statement of that county's share. The statement must be approved by
75	75	the chief justice of the Court of Appeals for the Fifteenth Court of
76	76	Appeals District. A county shall pay its share of the reimbursement
77	77	not later than the 60th day after the beginning of the county's
78	78	fiscal year.
79	79	(h) Notwithstanding any other law, all court fees and costs
80	80	collected by the Thirteenth Court of Appeals and the Fifteenth
81	81	Court of Appeals shall be equally divided between the two courts.
82	82	This subsection expires August 31, 2027.
83	83	Sec. 22.2152. APPELLATE JUDICIAL SYSTEM. (a) The
84	84	commissioners court of each county in the Fifteenth Court of
85	85	Appeals District, by order entered in its minutes, shall establish
86	86	an appellate judicial system to:
87	87	(1) assist the court of appeals for the county in the
88	88	processing of appeals filed with the court of appeals from the
89	89	county courts, county courts at law, probate courts, and district
90	90	courts; and
91	91	(2) defray costs and expenses incurred by the county
92	92	under Section 22.2151.
93	93	(b) To fund the system, the commissioners court shall set a
94	94	court costs fee of not more than $5 for each civil suit filed in a
95	95	county court, county court at law, probate court, or district court
96	96	in the county.
97	97	(c) The court costs fee does not apply to a suit filed by the
98	98	county or to a suit for delinquent taxes.
99	99	(d) The court costs fee shall be taxed, collected, and paid
100	100	as other court costs in a suit. The clerk of the court shall collect
101	101	the court costs fee set under this section and pay it to the county
102	102	officer who performs the county treasurer's functions. That
103	103	officer shall deposit the fee in a separate appellate judicial
104	104	system fund. The commissioners court shall administer the fund to
105	105	accomplish the purposes described by Subsection (a). The fund may
106	106	not be used for any other purpose.
107	107	(e) Not later than the 91st day of each county fiscal year,
108	108	the commissioners court shall order the balance remaining in the
109	109	appellate judicial system fund at the close of the previous fiscal
110	110	year to be forwarded to the court of appeals for expenditure by the
111	111	court of appeals for the court's judicial system.
112	112	(f) The commissioners court shall vest management of the
113	113	system in the chief justice of the court of appeals in the district.
114	114	SECTION 4. Section 22.216, Government Code, is amended by
115	115	amending Subsection (m) and adding Subsection (n-1) to read as
116	116	follows:
117	117	(m) The Court of Appeals for the Thirteenth Court of Appeals
118	118	District consists of a chief justice and of two [five] justices
119	119	holding places numbered consecutively beginning with Place 2.
120	120	(n-1) The Court of Appeals for the Fifteenth Court of
121	121	Appeals District consists of a chief justice and of two justices
122	122	holding places numbered consecutively beginning with Place 2.
123	123	SECTION 5. Section 31.001, Government Code, is amended to
124	124	read as follows:
125	125	Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
126	126	The commissioners courts in the counties of each of the 15 [14]
127	127	courts of appeals districts may pay additional compensation in an
128	128	amount that does not exceed the limitations of Section 659.012 to
129	129	each of the justices of the courts of appeals residing within the
130	130	court of appeals district that includes those counties. The
131	131	compensation is for all extrajudicial services performed by the
132	132	justices.
133	133	SECTION 6. Subchapter D, Chapter 101, Government Code, is
134	134	amended by adding Section 101.06111 to read as follows:
135	135	Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
136	136	CODE. The clerk of a district court shall collect an appellate
137	137	judicial system filing fee of not more than $5 for the Fifteenth
138	138	Court of Appeals District under Section 22.2152.
139	139	SECTION 7. Subchapter E, Chapter 101, Government Code, is
140	140	amended by adding Section 101.08111 to read as follows:
141	141	Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES:
142	142	GOVERNMENT CODE. The clerk of a statutory county court shall
143	143	collect an appellate judicial system filing fee of not more than $5
144	144	for the Fifteenth Court of Appeals District under Section 22.2152.
145	145	SECTION 8. Subchapter F, Chapter 101, Government Code, is
146	146	amended by adding Section 101.10111 to read as follows:
147	147	Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES:
148	148	GOVERNMENT CODE. The clerk of a statutory probate court shall
149	149	collect an appellate judicial system filing fee of not more than $5
150	150	for the Fifteenth Court of Appeals District under Section 22.2152.
151	151	SECTION 9. Subchapter G, Chapter 101, Government Code, is
152	152	amended by adding Section 101.12121 to read as follows:
153	153	Sec. 101.12121. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
154	154	CODE. The clerk of a county court shall collect an appellate
155	155	judicial system filing fee of not more than $5 for the Fifteenth
156	156	Court of Appeals District under Section 22.2152.
157	157	SECTION 10. (a) A justice of the Thirteenth Court of
158	158	Appeals who is serving on September 1, 2017, and who resides in a
159	159	county that is transferred by this Act from the Thirteenth Court of
160	160	Appeals District to the Fifteenth Court of Appeals District becomes
161	161	a member of the Fifteenth Court of Appeals for the period for which
162	162	elected or appointed to the Thirteenth Court of Appeals.
163	163	(b) If more than two justices of the Thirteenth Court of
164	164	Appeals reside in a county transferred to the Fifteenth Court of
165	165	Appeals District, those justices shall draw lots to determine which
166	166	justices shall become members of the Fifteenth Court of Appeals. A
167	167	justice who resides in a county transferred to the Fifteenth Court
168	168	of Appeals District who does not become a justice of the Fifteenth
169	169	Court of Appeals must establish residency in a county in the
170	170	Thirteenth Court of Appeals District not later than January 1,
171	171	2016. A justice who does not comply with this subsection vacates the
172	172	justice's position as of January 1, 2018.
173	173	(c) The person serving as chief justice of the Thirteenth
174	174	Court of Appeals on September 1, 2017, becomes the chief justice of
175	175	the Fifteenth Court of Appeals for the period for which elected or
176	176	appointed to the Thirteenth Court of Appeals. From among the
177	177	justices of the Thirteenth Court of Appeals who remain on that
178	178	court, the governor shall designate the chief justice for that
179	179	court, who serves, unless otherwise removed from office, the term
180	180	to which the justice was elected or appointed.
181	181	(d) A justice of the Thirteenth Court of Appeals who remains
182	182	a justice of that court continues to serve for the period for which
183	183	elected or appointed.
184	184	(e) The money appropriated by the 85th Legislature, Regular
185	185	Session, 2017, for the Thirteenth Court of Appeals for the state
186	186	fiscal biennium beginning September 1, 2017, shall be equally
187	187	divided between the Thirteenth Court of Appeals and Fifteenth Court
188	188	of Appeals.
189	189	No additional money may be appropriated to the
190	190	Fifteenth Court of Appeals District.
191	191	SECTION 11. This Act does not affect the jurisdiction on
192	192	appeal of any case from a county that is transferred by this Act to a
193	193	different court of appeals district if the transcripts for the case
194	194	were filed before the effective date of this Act in the appropriate
195	195	court of appeals district.
196	196	SECTION 12. This Act takes effect September 1, 2017.