By: Huffman S.B. No. 1529
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Court of Appeals to hear
certain cases; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS COURT OF APPEALS
SECTION 1.01. Section 22.201(a), Government Code, is
amended to read as follows:
(a) The state is divided into 14 courts of appeals districts
with a court of appeals of general jurisdiction in each district.
The state has one statewide court of appeals district for the Texas
Court of Appeals.
SECTION 1.02. Subchapter C, Chapter 22, Government Code, is
amended by adding Section 22.2155 to read as follows:
Sec. 22.2155. TEXAS COURT OF APPEALS. (a) The Texas Court
of Appeals has exclusive intermediate appellate jurisdiction over
all cases or any matters arising out of or related to a civil case:
(1) brought by or against the state or a state agency,
board, or commission, or by or against an officer of the state or a
state agency, board, or commission, other than:
(A) a proceeding brought under Title 5, Family
Code;
(B) a proceeding brought against an elected
official of a political subdivision or the judge of a trial court
arising from an act or omission made in the official's or judge's
official capacity;
(C) a proceeding relating to a mental health
commitment or a civil asset forfeiture;
(D) a juvenile case;
(E) a proceeding brought under Chapter 125, Civil
Practice and Remedies Code, to enjoin a common nuisance;
(F) a quo warranto proceeding;
(G) a proceeding relating to an order of
expunction under Chapter 55, Code of Criminal Procedure, or an
order of nondisclosure of criminal history record information under
Subchapter E-1, Chapter 411; or
(H) a proceeding relating to the conditions,
modification, revocation, or surrendering of a bond, including a
surety bond; or
(2) in which a party to the proceeding files a
petition, motion, or other pleading challenging the
constitutionality of a statute of this state.
(b) The court is composed of five justices elected by the
qualified voters of the state.
(c) Notwithstanding Section 659.012(a)(2), a justice of the
Texas Court of Appeals shall be paid the annual base salary paid by
the state under Section 659.012 to a justice of the supreme court
other than the chief justice or a judge of the court of criminal
appeals other than the presiding judge.
(d) The court shall sit in the City of Austin, but may
transact its business in any county in the state as the court
determines is necessary and convenient.
(e) Except as otherwise provided by this section or a rule
adopted by the supreme court under Subsection (f), the following
apply to the court in the same manner as to other courts of appeals:
(1) provisions of this code, including Sections 22.217
through 22.228, or other law;
(2) rules of procedure and appeal; and
(3) standards of practice relating to precedent and
authority from the supreme court and other courts of appeals.
(f) The supreme court shall adopt rules to:
(1) provide for the administration of the Texas Court
of Appeals as a subject matter jurisdiction court of appeals and
assist the court in processing appeals filed from the district
courts, statutory county courts, and county courts of the state;
and
(2) set court costs and fees for the court.
SECTION 1.03. Section 22.216, Government Code, is amended
by adding Subsection (n-1) to read as follows:
(n-1) The Texas Court of Appeals consists of a chief justice
and of four justices holding places numbered consecutively
beginning with Place 2.
SECTION 1.04. Section 22.220(a), Government Code, is
amended to read as follows:
(a) Each court of appeals of general jurisdiction has
appellate jurisdiction of all civil cases within its district of
which the district courts or county courts have jurisdiction when
the amount in controversy or the judgment rendered exceeds $250,
exclusive of interest and costs, other than cases over which the
Texas Court of Appeals has exclusive intermediate appellate
jurisdiction under Section 22.2155.
SECTION 1.05. (a) Except as otherwise provided by this Act,
the Texas Court of Appeals is created January 1, 2023.
(b) If the Texas Court of Appeals is created, the initial
vacancies in the offices of chief justice and justice of the court
shall be filled by election, and the offices exist for purposes of
the primary and general elections in 2022.
SECTION 1.06. (a) On the date the Texas Court of Appeals is
created, all cases pending in courts of appeals of general
jurisdiction filed on or after January 1, 2021, and of which the
Texas Court of Appeals has exclusive intermediate appellate
jurisdiction are transferred to the Texas Court of Appeals.
(b) When a case is transferred as provided by Subsection (a)
of this section:
(1) all processes, writs, bonds, recognizances, or
other obligations issued from the court of appeals of general
jurisdiction are returnable to the Texas Court of Appeals as if
originally issued by that court; and
(2) the obligees on all bonds and recognizances taken
in and for a court of appeals of general jurisdiction and all
witnesses summoned to appear in a court of appeals of general
jurisdiction are required to appear before the Texas Court of
Appeals as if originally required to appear before that court.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Article 4.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals of general jurisdiction;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, Tarrant County, or
Travis County that give preference to criminal cases and the
magistrates appointed by the judges of the criminal district courts
of Dallas County or Tarrant County;
6. The county courts;
7. All county courts at law with criminal
jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts;
11. The magistrates appointed by the judges of the
district courts of Lubbock County; and
12. The magistrates appointed by the El Paso Council
of Judges.
SECTION 2.02. Article 4.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.03. COURTS OF APPEALS. The Courts of Appeals of
general jurisdiction shall have appellate jurisdiction coextensive
with the limits of their respective districts in all criminal cases
except those in which the death penalty has been assessed. This
Article shall not be so construed as to embrace any case which has
been appealed from any inferior court to the county court, the
county criminal court, or county court at law, in which the fine
imposed or affirmed by the county court, the county criminal court
or county court at law does not exceed one hundred dollars, unless
the sole issue is the constitutionality of the statute or ordinance
on which the conviction is based.
SECTION 2.03. Article 44.25, Code of Criminal Procedure, is
amended to read as follows:
Art. 44.25. CASES REMANDED. The courts of appeals of
general jurisdiction or the Court of Criminal Appeals may reverse
the judgment in a criminal action, as well upon the law as upon the
facts.
SECTION 2.04. Section 612.004(f)(2), Government Code, is
amended to read as follows:
(2) "State agency" means:
(A) a department, board, commission, committee,
council, agency, office, or other entity in the executive,
legislative, or judicial branch of state government, the
jurisdiction of which is not limited to a geographical portion of
the state;
(B) an institution of higher education as defined
by Section 61.003, Education Code; and
(C) a court of appeals as described by Subchapter
C, Chapter 22 [Section 22.201].
ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; EFFECTIVE DATE
SECTION 3.01. (a) Notwithstanding Section 22.201(a),
Government Code, as amended by this Act, and Section 22.2155,
Government Code, as added by this Act, the Texas Court of Appeals is
not created unless the legislature makes a specific appropriation
of money for that purpose. For purposes of this subsection, a
specific appropriation is an appropriation identifying the Texas
Court of Appeals or an Act of the 87th Legislature, Regular Session,
2021, relating to the creation of the Texas Court of Appeals.
(b) Notwithstanding Section 22.220(a), Government Code, as
amended by this Act, a court of appeals of general jurisdiction has
the same jurisdiction the court had on December 31, 2021, if the
Texas Court of Appeals is not created as a result of Subsection (a)
of this section.
SECTION 3.02. This Act takes effect January 1, 2022.