Texas 2021 - 87th Regular

Texas Senate Bill SB1529 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Huffman S.B. No. 1529
	2	+	(In the Senate - Filed March 11, 2021; March 18, 2021, read
	3	+	first time and referred to Committee on Jurisprudence;
	4	+	April 6, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 3, Nays 2; April 6, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1529 By: Huffman
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the creation of the Texas Court of Appeals to hear
7	14		certain cases; authorizing fees.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		ARTICLE 1. TEXAS COURT OF APPEALS
10	17		SECTION 1.01. Section 22.201(a), Government Code, is
11	18		amended to read as follows:
12	19		(a) The state is divided into 14 courts of appeals districts
13	20		with a court of appeals of general jurisdiction in each district.
14	21		The state has one statewide court of appeals district for the Texas
15	22		Court of Appeals.
16	23		SECTION 1.02. Subchapter C, Chapter 22, Government Code, is
17	24		amended by adding Section 22.2155 to read as follows:
18	25		Sec. 22.2155. TEXAS COURT OF APPEALS. (a) The Texas Court
19		-	of Appeals has exclusive ~~intermediate~~ appellate jurisdiction over
20		-	~~all cases or~~ any matters arising out of or related to a civil case:
	26	+	of Appeals has exclusive appellate jurisdiction over all cases or
	27	+	any matters arising out of or related to a civil case:
21	28		(1) brought by or against the state or a state agency,
22	29		board, or commission, or by or against an officer of the state or a
23	30		state agency, board, or commission, other than:
24	31		(A) a proceeding brought under Title 5, Family
25	32		Code;
26	33		(B) a proceeding brought against an elected
27	34		official of a political subdivision or the judge of a trial court
28	35		arising from an act or omission made in the official's or judge's
29	36		official capacity;
30	37		(C) a proceeding relating to a mental health
31	38		commitment or a civil asset forfeiture;
32	39		(D) a juvenile case;
33	40		(E) a proceeding brought under Chapter 125, Civil
34		-	Practice and Remedies Code, to enjoin a common nuisance;
35		-	(F) a quo warranto proceeding;
36		-	(G) a proceeding relating to an order of
37		-	expunction under Chapter 55, Code of Criminal Procedure, or an
38		-	order of nondisclosure of criminal history record information under
39		-	Subchapter E-1, Chapter 411; or
40		-	(H) a proceeding relating to the conditions,
41		-	modification, revocation, or surrendering of a bond, including a
42		-	surety bond; or
	41	+	Practice and Remedies Code, to enjoin a common nuisance; or
	42	+	(F) a quo warranto proceeding; or
43	43		(2) in which a party to the proceeding files a
44	44		petition, motion, or other pleading challenging the
45	45		constitutionality of a statute of this state.
46	46		(b) The court is composed of five justices elected by the
47	47		qualified voters of the state.
48		-	(c) Notwithstanding Section 659.012(a)(2), a justice of the
49		-	Texas Court of Appeals shall be paid the annual base salary paid by
50		-	the state under Section 659.012 to a justice of the supreme court
51		-	other than the chief justice or a judge of the court of criminal
52		-	appeals other than the presiding judge.
53		-	(d) The court shall sit in the City of Austin, but may
	48	+	(c) The court shall sit in the City of Austin, but may
54	49		transact its business in any county in the state as the court
55	50		determines is necessary and convenient.
56		-	(e) Except as otherwise provided by this section or a rule
57		-	adopted by the supreme court under Subsection (f), the following
	51	+	(d) Except as otherwise provided by this section or a rule
	52	+	adopted by the supreme court under Subsection (e), the following
58	53		apply to the court in the same manner as to other courts of appeals:
59	54		(1) provisions of this code, including Sections 22.217
60	55		through 22.228, or other law;
61	56		(2) rules of procedure and appeal; and
62	57		(3) standards of practice relating to precedent and
63	58		authority from the supreme court and other courts of appeals.
64		-	(f) The supreme court shall adopt rules to:
	59	+	(e) The supreme court shall adopt rules to:
65	60		(1) provide for the administration of the Texas Court
66	61		of Appeals as a subject matter jurisdiction court of appeals and
67	62		assist the court in processing appeals filed from the district
68	63		courts, statutory county courts, and county courts of the state;
69	64		and
70	65		(2) set court costs and fees for the court.
71	66		SECTION 1.03. Section 22.216, Government Code, is amended
72	67		by adding Subsection (n-1) to read as follows:
73	68		(n-1) The Texas Court of Appeals consists of a chief justice
74	69		and of four justices holding places numbered consecutively
75	70		beginning with Place 2.
76	71		SECTION 1.04. Section 22.220(a), Government Code, is
77	72		amended to read as follows:
78	73		(a) Each court of appeals of general jurisdiction has
79	74		appellate jurisdiction of all civil cases within its district of
80	75		which the district courts or county courts have jurisdiction when
81	76		the amount in controversy or the judgment rendered exceeds $250,
82	77		exclusive of interest and costs, other than cases over which the
83		-	Texas Court of Appeals has exclusive ~~intermediate appellate~~
84		-	~~jurisdiction under~~ Section 22.2155.
	78	+	Texas Court of Appeals has exclusive appellate jurisdiction under
	79	+	Section 22.2155.
85	80		SECTION 1.05. (a) Except as otherwise provided by this Act,
86	81		the Texas Court of Appeals is created January 1, 2023.
87	82		(b) If the Texas Court of Appeals is created, the initial
88	83		vacancies in the offices of chief justice and justice of the court
89	84		shall be filled by election, and the offices exist for purposes of
90	85		the primary and general elections in 2022.
91	86		SECTION 1.06. (a) On the date the Texas Court of Appeals is
92	87		created, all cases pending in courts of appeals of general
93	88		jurisdiction filed on or after January 1, 2021, and of which the
94		-	Texas Court of Appeals has exclusive ~~intermediate appellate~~
95		-	~~jurisdiction are transferred~~ to the Texas Court of Appeals.
	89	+	Texas Court of Appeals has exclusive jurisdiction are transferred
	90	+	to the Texas Court of Appeals.
96	91		(b) When a case is transferred as provided by Subsection (a)
97	92		of this section:
98	93		(1) all processes, writs, bonds, recognizances, or
99	94		other obligations issued from the court of appeals of general
100	95		jurisdiction are returnable to the Texas Court of Appeals as if
101	96		originally issued by that court; and
102	97		(2) the obligees on all bonds and recognizances taken
103	98		in and for a court of appeals of general jurisdiction and all
104	99		witnesses summoned to appear in a court of appeals of general
105	100		jurisdiction are required to appear before the Texas Court of
106	101		Appeals as if originally required to appear before that court.
107	102		ARTICLE 2. CONFORMING AMENDMENTS
108	103		SECTION 2.01. Article 4.01, Code of Criminal Procedure, is
109	104		amended to read as follows:
110	105		Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
111	106		following courts have jurisdiction in criminal actions:
112	107		1. The Court of Criminal Appeals;
113	108		2. Courts of appeals of general jurisdiction;
114	109		3. The district courts;
115	110		4. The criminal district courts;
116	111		5. The magistrates appointed by the judges of the
117	112		district courts of Bexar County, Dallas County, Tarrant County, or
118	113		Travis County that give preference to criminal cases and the
119	114		magistrates appointed by the judges of the criminal district courts
120	115		of Dallas County or Tarrant County;
121	116		6. The county courts;
122	117		7. All county courts at law with criminal
123	118		jurisdiction;
124	119		8. County criminal courts;
125	120		9. Justice courts;
126	121		10. Municipal courts;
127	122		11. The magistrates appointed by the judges of the
128	123		district courts of Lubbock County; and
129	124		12. The magistrates appointed by the El Paso Council
130	125		of Judges.
131	126		SECTION 2.02. Article 4.03, Code of Criminal Procedure, is
132	127		amended to read as follows:
133	128		Art. 4.03. COURTS OF APPEALS. The Courts of Appeals of
134	129		general jurisdiction shall have appellate jurisdiction coextensive
135	130		with the limits of their respective districts in all criminal cases
136	131		except those in which the death penalty has been assessed. This
137	132		Article shall not be so construed as to embrace any case which has
138	133		been appealed from any inferior court to the county court, the
139	134		county criminal court, or county court at law, in which the fine
140	135		imposed or affirmed by the county court, the county criminal court
141	136		or county court at law does not exceed one hundred dollars, unless
142	137		the sole issue is the constitutionality of the statute or ordinance
143	138		on which the conviction is based.
144	139		SECTION 2.03. Article 44.25, Code of Criminal Procedure, is
145	140		amended to read as follows:
146	141		Art. 44.25. CASES REMANDED. The courts of appeals of
147	142		general jurisdiction or the Court of Criminal Appeals may reverse
148	143		the judgment in a criminal action, as well upon the law as upon the
149	144		facts.
150	145		SECTION 2.04. Section 612.004(f)(2), Government Code, is
151	146		amended to read as follows:
152	147		(2) "State agency" means:
153	148		(A) a department, board, commission, committee,
154	149		council, agency, office, or other entity in the executive,
155	150		legislative, or judicial branch of state government, the
156	151		jurisdiction of which is not limited to a geographical portion of
157	152		the state;
158	153		(B) an institution of higher education as defined
159	154		by Section 61.003, Education Code; and
160	155		(C) a court of appeals as described by Subchapter
161	156		C, Chapter 22 [Section 22.201].
162	157		ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; EFFECTIVE DATE
163	158		SECTION 3.01. (a) Notwithstanding Section 22.201(a),
164	159		Government Code, as amended by this Act, and Section 22.2155,
165	160		Government Code, as added by this Act, the Texas Court of Appeals is
166	161		not created unless the legislature makes a specific appropriation
167	162		of money for that purpose. For purposes of this subsection, a
168	163		specific appropriation is an appropriation identifying the Texas
169	164		Court of Appeals or an Act of the 87th Legislature, Regular Session,
170	165		2021, relating to the creation of the Texas Court of Appeals.
171	166		(b) Notwithstanding Section 22.220(a), Government Code, as
172	167		amended by this Act, a court of appeals of general jurisdiction has
173	168		the same jurisdiction the court had on December 31, 2021, if the
174	169		Texas Court of Appeals is not created as a result of Subsection (a)
175	170		of this section.
176	171		SECTION 3.02. This Act takes effect January 1, 2022.
	172	+	* * * * *