| 8 | 4 | | AN ACT |
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| 9 | 5 | | relating to a writ of mandamus by a court of appeals against certain |
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| 10 | 6 | | judges. |
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| 11 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 8 | | SECTION 1. Section 22.221(b), Government Code, is amended |
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| 13 | 9 | | to read as follows: |
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| 14 | 10 | | (b) Each court of appeals for a court of appeals district |
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| 15 | 11 | | may issue all writs of mandamus, agreeable to the principles of law |
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| 16 | 12 | | regulating those writs, against [a]: |
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| 17 | 13 | | (1) a judge of a district, statutory county, statutory |
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| 18 | 14 | | probate county, or county court in the court of appeals district; |
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| 19 | 15 | | [or] |
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| 20 | 16 | | (2) a judge of a district court who is acting as a |
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| 21 | 17 | | magistrate at a court of inquiry under Chapter 52, Code of Criminal |
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| 22 | 18 | | Procedure, in the court of appeals district; or |
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| 23 | 19 | | (3) an associate judge of a district or county court |
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| 24 | 20 | | appointed by a judge under Chapter 201, Family Code, in the court of |
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| 25 | 21 | | appeals district for the judge who appointed the associate judge. |
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| 26 | 22 | | SECTION 2. (a) Section 22.221(b)(1), Government Code, as |
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| 27 | 23 | | amended by this Act, applies only to a proceeding seeking a writ of |
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| 28 | 24 | | mandamus filed in a court of appeals under Section 22.221, |
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| 29 | 25 | | Government Code, on or after the effective date of this Act. A |
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| 30 | 26 | | proceeding seeking a writ of mandamus filed before the effective |
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| 31 | 27 | | date of this Act is governed by the law in effect on the date the |
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| 32 | 28 | | suit was filed, and the former law is continued in effect for that |
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| 33 | 29 | | purpose. |
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| 34 | 30 | | (b) Section 22.221(b)(3), Government Code, as amended by |
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| 35 | 31 | | this Act, applies only to a suit filed under Chapter 45, Title 1, |
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| 36 | 32 | | Title 4, or Title 5, Family Code, on or after the effective date of |
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| 37 | 33 | | this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title |
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| 38 | 34 | | 5, Family Code, before the effective date of this Act is governed by |
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| 39 | 35 | | the law in effect on the date the suit was filed, and the former law |
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| 40 | 36 | | is continued in effect for that purpose. |
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| 41 | 37 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 38 | + | ______________________________ ______________________________ |
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| 39 | + | President of the Senate Speaker of the House |
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| 40 | + | I hereby certify that S.B. No. 1233 passed the Senate on |
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| 41 | + | April 19, 2017, by the following vote: Yeas 31, Nays 0; and that |
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| 42 | + | the Senate concurred in House amendment on May 26, 2017, by the |
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| 43 | + | following vote: Yeas 31, Nays 0. |
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| 44 | + | ______________________________ |
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| 45 | + | Secretary of the Senate |
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| 46 | + | I hereby certify that S.B. No. 1233 passed the House, with |
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| 47 | + | amendment, on May 23, 2017, by the following vote: Yeas 142, |
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| 48 | + | Nays 2, one present not voting. |
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| 49 | + | ______________________________ |
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| 50 | + | Chief Clerk of the House |
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| 51 | + | Approved: |
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| 52 | + | ______________________________ |
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| 53 | + | Date |
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| 54 | + | ______________________________ |
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| 55 | + | Governor |
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