88R23955 AMF-F
By: Huffman, et al. S.B. No. 1045
(Murr, Burrows, Schofield, Vasut, Landgraf, et al.)
Substitute the following for S.B. No. 1045: No.
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fifteenth Court of Appeals with
jurisdiction over certain civil cases, the compensation of the
justices of that court, and the jurisdiction of the courts of
appeals in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FIFTEENTH COURT OF APPEALS
SECTION 1.01. Section 22.201, Government Code, is amended
by amending Subsection (a) and adding Subsection (p) to read as
follows:
(a) The state is organized [divided] into 15 [14] courts of
appeals districts with a court of appeals in each district.
(p) The Fifteenth Court of Appeals District is composed of
all counties in this state.
SECTION 1.02. Subchapter C, Chapter 22, Government Code, is
amended by adding Section 22.2151 to read as follows:
Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
Appeals for the Fifteenth Court of Appeals District shall be held in
the City of Austin.
(b) The Fifteenth Court of Appeals may transact its business
in any county in the district as the court determines is necessary
and convenient.
SECTION 1.03. Section 22.216, Government Code, is amended
by adding Subsection (n-1) to read as follows:
(n-1) The Court of Appeals for the Fifteenth Court of
Appeals District consists of a chief justice and of four justices
holding places numbered consecutively beginning with Place 2.
SECTION 1.04. Section 22.220, Government Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by Subsection (d), each [Each] court
of appeals 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.
(d) The Court of Appeals for the Fifteenth Court of Appeals
District has exclusive intermediate appellate jurisdiction over
the following matters arising out of or related to a civil case:
(1) matters brought by or against the state or a board,
commission, department, office, or other agency in the executive
branch of the state government, including a university system or
institution of higher education as defined by Section 61.003,
Education Code, or by or against an officer or employee of the state
or a board, commission, department, office, or other agency in the
executive branch of the state government arising out of that
officer's or employee's official conduct, other than:
(A) a proceeding brought under the Family Code
and any related motion or proceeding;
(B) a proceeding brought under Chapter 7B or
Article 17.292, Code of Criminal Procedure;
(C) a proceeding brought against a district
attorney, a criminal district attorney, or a county attorney with
criminal jurisdiction;
(D) a proceeding relating to a mental health
commitment;
(E) a proceeding relating to civil asset
forfeiture;
(F) a condemnation proceeding for the
acquisition of land or a proceeding related to eminent domain;
(G) a proceeding brought under Chapter 125, Civil
Practice and Remedies Code, to enjoin a common nuisance;
(H) a proceeding brought under Chapter 55, Code
of Criminal Procedure;
(I) a proceeding under Chapter 22A, Government
Code;
(J) a proceeding brought under Subchapter E-1,
Chapter 411, Government Code;
(K) a proceeding brought under Chapter 21, Labor
Code;
(L) a removal action under Chapter 87, Local
Government Code; or
(M) a proceeding brought under Chapter 841,
Health and Safety Code;
(2) matters in which a party to the proceeding files a
petition, motion, or other pleading challenging the
constitutionality or validity of a state statute or rule and the
attorney general is a party to the case; and
(3) any other matter as provided by law.
SECTION 1.05. Section 22.221, Government Code, is amended
by amending Subsection (b) and adding Subsections (c) and (c-1) to
read as follows:
(b) Subject to Subsection (c-1), each [Each] court of
appeals for a court of appeals district may issue all writs of
mandamus, agreeable to the principles of law regulating those
writs, against [:
[(1)] a judge of a district, statutory county,
statutory probate county, or county court in the court of appeals
district[;
[(2) a judge of a district court who is acting as a
magistrate at a court of inquiry under Chapter 52, Code of Criminal
Procedure, in the court of appeals district; or
[(3) an associate judge of a district or county court
appointed by a judge under Chapter 201, Family Code, in the court of
appeals district for the judge who appointed the associate judge].
(c) Each court of appeals for a court of appeals district,
other than the Court of Appeals for the Fifteenth Court of Appeals
District, may issue all writs of mandamus, agreeable to the
principles of law regulating those writs, against:
(1) a judge of a district court who is acting as a
magistrate at a court of inquiry under Chapter 52, Code of Criminal
Procedure, in the court of appeals district; or
(2) an associate judge of a district or county court
appointed by a judge under Chapter 201, Family Code, in the court of
appeals district for the judge who appointed the associate judge.
(c-1) The original jurisdiction of the Court of Appeals for
the Fifteenth Court of Appeals District to issue writs is limited to
writs arising out of matters over which the court has exclusive
intermediate appellate jurisdiction under Section 22.220(d).
SECTION 1.06. Section 22.229(a), Government Code, is
amended to read as follows:
(a) An appellate judicial system fund is established for
each court of appeals, other than the Court of Appeals of the
Fifteenth Court of Appeals District, to:
(1) assist the court of appeals in the processing of
appeals filed with the court of appeals from the county courts,
statutory county courts, statutory probate courts, and district
courts in the counties the court of appeals serves; and
(2) defray costs and expenses incurred in the
operation of the court of appeals.
SECTION 1.07. Section 73.001, Government Code, is amended
to read as follows:
Sec. 73.001. AUTHORITY TO TRANSFER. (a) Except as provided
by Subsection (b), the [The] supreme court may order cases
transferred from one court of appeals to another at any time that,
in the opinion of the supreme court, there is good cause for the
transfer.
(b) The supreme court may not transfer any case or
proceeding properly filed in the Court of Appeals for the Fifteenth
Court of Appeals District to another court of appeals for the
purpose of equalizing the dockets of the courts of appeals.
(c) The supreme court shall adopt rules for:
(1) transferring an appeal inappropriately filed in
the Fifteenth Court of Appeals to a court of appeals with
jurisdiction over the appeal; and
(2) transferring to the Fifteenth Court of Appeals
from another court of appeals the appeals over which the Fifteenth
Court of Appeals has exclusive intermediate appellate jurisdiction
under Section 22.220(d).
SECTION 1.08. Section 659.012(a), Government Code, is
amended to read as follows:
(a) Notwithstanding Section 659.011 and subject to
Subsections (b) and (b-1):
(1) a judge of a district court is entitled to an
annual base salary from the state as set by the General
Appropriations Act in an amount equal to at least $140,000, except
that the combined base salary of a district judge from all state and
county sources, including compensation for any extrajudicial
services performed on behalf of the county, may not exceed the
amount that is $5,000 less than the maximum combined base salary
from all state and county sources for a justice of a court of
appeals other than a chief justice as determined under this
subsection;
(2) except as provided by Subdivision (3), a justice
of a court of appeals other than the chief justice is entitled to an
annual base salary from the state in the amount equal to 110 percent
of the state base salary of a district judge as set by the General
Appropriations Act, except that the combined base salary of a
justice of the court of appeals other than the chief justice from
all state and county sources, including compensation for any
extrajudicial services performed on behalf of the county, may not
exceed the amount that is $5,000 less than the base salary for a
justice of the supreme court as determined under this subsection;
(3) a justice of the Court of Appeals for the Fifteenth
Court of Appeals District other than the chief justice is entitled
to an annual base salary from the state in the amount equal to
$5,000 less than 120 percent of the state base salary of a district
judge as set by the General Appropriations Act;
(4) 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 is entitled to an annual base salary from the state
in the amount equal to 120 percent of the state base salary of a
district judge as set by the General Appropriations Act; and
(5) [(4)] the chief justice or presiding judge of an
appellate court is entitled to an annual base salary from the state
in the amount equal to $2,500 more than the state base salary
provided for the other justices or judges of the court, except that
the combined base salary of the chief justice of a court of appeals
from all state and county sources may not exceed the amount equal to
$2,500 less than the base salary for a justice of the supreme court
as determined under this subsection.
SECTION 1.09. Section 2001.038(f), Government Code, is
amended to read as follows:
(f) A Travis County district court in which an action is
brought under this section, on its own motion or the motion of any
party, may request transfer of the action to the Court of Appeals
for the Fifteenth [Third] Court of Appeals District if the district
court finds that the public interest requires a prompt,
authoritative determination of the validity or applicability of the
rule in question and the case would ordinarily be appealed. After
filing of the district court's request with the court of appeals,
transfer of the action may be granted by the court of appeals if it
agrees with the findings of the district court concerning the
application of the statutory standards to the action. On entry of
an order by the court of appeals granting transfer, the action is
transferred to the court of appeals for decision, and the validity
or applicability of the rule in question is subject to judicial
review by the court of appeals. The administrative record and the
district court record shall be filed by the district clerk with the
clerk of the court of appeals. The court of appeals may direct the
district court to conduct any necessary evidentiary hearings in
connection with the action.
SECTION 1.10. Section 2001.176(c), Government Code, is
amended to read as follows:
(c) A Travis County district court in which an action is
brought under this section, on its own motion or on motion of any
party, may request transfer of the action to the Court of Appeals
for the Fifteenth [Third] Court of Appeals District if the district
court finds that the public interest requires a prompt,
authoritative determination of the legal issues in the case and the
case would ordinarily be appealed. After filing of the district
court's request with the court of appeals, transfer of the action
may be granted by the court of appeals if it agrees with the
findings of the district court concerning the application of the
statutory standards to the action. On entry of an order by the
court of appeals granting transfer, the action is transferred to
the court of appeals for decision, and the agency decision in the
contested case is subject to judicial review by the court of
appeals. The administrative record and the district court record
shall be filed by the district clerk with the clerk of the court of
appeals. The court of appeals may direct the district court to
conduct any necessary evidentiary hearings in connection with the
action.
SECTION 1.11. Section 2301.751(a), Occupations Code, is
amended to read as follows:
(a) A party to a proceeding affected by a final order, rule,
or decision or other final action of the board with respect to a
matter arising under this chapter or Chapter 503, Transportation
Code, may seek judicial review of the action under the substantial
evidence rule in:
(1) a district court in Travis County; or
(2) the court of appeals for the Fifteenth [Third]
Court of Appeals District.
SECTION 1.12. Section 39.001(e), Utilities Code, is amended
to read as follows:
(e) Judicial review of competition rules adopted by the
commission shall be conducted under Chapter 2001, Government Code,
except as otherwise provided by this chapter. Judicial review of
the validity of competition rules shall be commenced in the Court of
Appeals for the Fifteenth [Third] Court of Appeals District and
shall be limited to the commission's rulemaking record. The
rulemaking record consists of:
(1) the notice of the proposed rule;
(2) the comments of all interested persons;
(3) all studies, reports, memoranda, or other
materials on which the commission relied in adopting the rule; and
(4) the order adopting the rule.
SECTION 1.13. (a) Except as otherwise provided by this Act,
the Court of Appeals for the Fifteenth Court of Appeals District is
created September 1, 2024.
(b) If the Court of Appeals for the Fifteenth Court of
Appeals District is created, the initial vacancies in the offices
of chief justice and justices of the court shall be filled by
appointment.
SECTION 1.14. (a) The changes in law made by this Act apply
to appeals perfected on or after September 1, 2024.
(b) On September 1, 2024, all cases pending in other courts
of appeal that were filed on or after September 1, 2023, and of
which the Court of Appeals for the Fifteenth Court of Appeals
District has exclusive intermediate appellate jurisdiction are
transferred to the Court of Appeals for the Fifteenth Court of
Appeals District.
(c) When a case is transferred as provided by Subsection (b)
of this section:
(1) all processes, writs, bonds, recognizances, or
other obligations issued from the other courts of appeal are
returnable to the Court of Appeals for the Fifteenth Court of
Appeals District as if originally issued by that court; and
(2) the obligees on all bonds and recognizances taken
in and for the other courts of appeal and all witnesses summoned to
appear in another court of appeals are required to appear before the
Court of Appeals for the Fifteenth Court of Appeals District as if
originally required to appear before the Court of Appeals for the
Fifteenth Court of Appeals District.
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, other than the Court of Appeals
for the Fifteenth Court of Appeals District;
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;
12. The magistrates appointed by the El Paso Council
of Judges;
13. The magistrates appointed by the Collin County
Commissioners Court;
14. The magistrates appointed by the Brazoria County
Commissioners Court or the local administrative judge for Brazoria
County; and
15. The magistrates appointed by the judges of the
district courts of Tom Green County.
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, other
than the Court of Appeals for the Fifteenth Court of Appeals
District, 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
[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, other
than the Court of Appeals of the Fifteenth Court of Appeals
District, 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 31.001, Government Code, is amended
to read as follows:
Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
The commissioners courts in the counties of each of the 15 [14]
courts of appeals districts may pay additional compensation in an
amount that does not exceed the limitations of Section 659.012 to
each of the justices of the courts of appeals, other than a justice
of the Court of Appeals of the Fifteenth Court of Appeals District,
residing within the court of appeals district that includes those
counties. The compensation is for all extrajudicial services
performed by the justices.
ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; CONSTITUTIONAL
CHALLENGE; EFFECTIVE DATE
SECTION 3.01. (a) Notwithstanding Section 22.201(a),
Government Code, as amended by this Act, and Sections 22.201(p) and
22.2151, Government Code, as added by this Act, the Court of Appeals
for the Fifteenth Court of Appeals District 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 Court of Appeals for the
Fifteenth Court of Appeals District or an Act of the 88th
Legislature, Regular Session, 2023, relating to the creation of the
Court of Appeals for the Fifteenth Court of Appeals District.
(b) Notwithstanding Section 22.220(a), Government Code, as
amended by this Act, a court of appeals has the same jurisdiction
the court had on August 31, 2023, if the Court of Appeals for the
Fifteenth Court of Appeals District is not created as a result of
Subsection (a) of this section.
SECTION 3.02. The Texas Supreme Court has exclusive and
original jurisdiction over a challenge to the constitutionality of
this Act or any part of this Act and may issue injunctive or
declaratory relief in connection with the challenge.
SECTION 3.03. This Act takes effect September 1, 2023.