Texas 2023 - 88th Regular

Texas Senate Bill SB1045 Compare Versions

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1	1	S.B. No. 1045
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Fifteenth Court of Appeals with
6	6	jurisdiction over certain civil cases, the compensation of the
7	7	justices of that court, and the jurisdiction of the courts of
8	8	appeals in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. FIFTEENTH COURT OF APPEALS
11	11	SECTION 1.01. Section 22.201, Government Code, is amended
12	12	by amending Subsection (a) and adding Subsection (p) to read as
13	13	follows:
14	14	(a) The state is organized [divided] into 15 [14] courts of
15	15	appeals districts with a court of appeals in each district.
16	16	(p) The Fifteenth Court of Appeals District is composed of
17	17	all counties in this state.
18	18	SECTION 1.02. Subchapter C, Chapter 22, Government Code, is
19	19	amended by adding Section 22.2151 to read as follows:
20	20	Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
21	21	Appeals for the Fifteenth Court of Appeals District shall be held in
22	22	the City of Austin.
23	23	(b) The Fifteenth Court of Appeals may transact its business
24	24	in any county in the district as the court determines is necessary
25	25	and convenient.
26	26	SECTION 1.03. Subchapter C, Chapter 22, Government Code, is
27	27	amended by adding Section 22.2152 to read as follows:
28	28	Sec. 22.2152. REPORT ON FIFTEENTH COURT OF APPEALS. Not
29	29	later than December 1 of each year, the Office of Court
30	30	Administration of the Texas Judicial System shall submit to the
31	31	legislature a report on the number and types of cases heard by the
32	32	Court of Appeals for the Fifteenth Court of Appeals District in the
33	33	preceding state fiscal year.
34	34	SECTION 1.04. Section 22.216, Government Code, is amended
35	35	by adding Subsections (n-1) and (n-2) to read as follows:
36	36	(n-1) The Court of Appeals for the Fifteenth Court of
37	37	Appeals District consists of a chief justice and of four justices
38	38	holding places numbered consecutively beginning with Place 2.
39	39	(n-2) Notwithstanding Subsection (n-1), the Court of
40	40	Appeals for the Fifteenth Court of Appeals District consists of a
41	41	chief justice and of two justices holding places numbered
42	42	consecutively beginning with Place 2 for the first three years
43	43	following the court's creation. This subsection expires September
44	44	1, 2027.
45	45	SECTION 1.05. Section 22.220, Government Code, is amended
46	46	by amending Subsection (a) and adding Subsection (d) to read as
47	47	follows:
48	48	(a) Except as provided by Subsection (d), each [Each] court
49	49	of appeals has appellate jurisdiction of all civil cases within its
50	50	district of which the district courts or county courts have
51	51	jurisdiction when the amount in controversy or the judgment
52	52	rendered exceeds $250, exclusive of interest and costs.
53	53	(d) The Court of Appeals for the Fifteenth Court of Appeals
54	54	District has exclusive intermediate appellate jurisdiction over
55	55	the following matters arising out of or related to a civil case:
56	56	(1) matters brought by or against the state or a board,
57	57	commission, department, office, or other agency in the executive
58	58	branch of the state government, including a university system or
59	59	institution of higher education as defined by Section 61.003,
60	60	Education Code, or by or against an officer or employee of the state
61	61	or a board, commission, department, office, or other agency in the
62	62	executive branch of the state government arising out of that
63	63	officer's or employee's official conduct, other than:
64	64	(A) a proceeding brought under the Family Code
65	65	and any related motion or proceeding;
66	66	(B) a proceeding brought under Chapter 7B or
67	67	Article 17.292, Code of Criminal Procedure;
68	68	(C) a proceeding brought against a district
69	69	attorney, a criminal district attorney, or a county attorney with
70	70	criminal jurisdiction;
71	71	(D) a proceeding relating to a mental health
72	72	commitment;
73	73	(E) a proceeding relating to civil asset
74	74	forfeiture;
75	75	(F) a condemnation proceeding for the
76	76	acquisition of land or a proceeding related to eminent domain;
77	77	(G) a proceeding brought under Chapter 101, Civil
78	78	Practice and Remedies Code;
79	79	(H) a claim of personal injury or wrongful death;
80	80	(I) a proceeding brought under Chapter 125, Civil
81	81	Practice and Remedies Code, to enjoin a common nuisance;
82	82	(J) a proceeding brought under Chapter 55, Code
83	83	of Criminal Procedure;
84	84	(K) a proceeding under Chapter 22A, Government
85	85	Code;
86	86	(L) a proceeding brought under Subchapter E-1,
87	87	Chapter 411, Government Code;
88	88	(M) a proceeding brought under Chapter 21, Labor
89	89	Code;
90	90	(N) a removal action under Chapter 87, Local
91	91	Government Code; or
92	92	(O) a proceeding brought under Chapter 841,
93	93	Health and Safety Code;
94	94	(2) matters in which a party to the proceeding files a
95	95	petition, motion, or other pleading challenging the
96	96	constitutionality or validity of a state statute or rule and the
97	97	attorney general is a party to the case; and
98	98	(3) any other matter as provided by law.
99	99	SECTION 1.06. Section 22.221, Government Code, is amended
100	100	by amending Subsection (b) and adding Subsections (c) and (c-1) to
101	101	read as follows:
102	102	(b) Subject to Subsection (c-1), each [Each] court of
103	103	appeals for a court of appeals district may issue all writs of
104	104	mandamus, agreeable to the principles of law regulating those
105	105	writs, against [:
106	106	[(1)] a judge of a district, statutory county,
107	107	statutory probate county, or county court in the court of appeals
108	108	district[;
109	109	[(2) a judge of a district court who is acting as a
110	110	magistrate at a court of inquiry under Chapter 52, Code of Criminal
111	111	Procedure, in the court of appeals district; or
112	112	[(3) an associate judge of a district or county court
113	113	appointed by a judge under Chapter 201, Family Code, in the court of
114	114	appeals district for the judge who appointed the associate judge].
115	115	(c) Each court of appeals for a court of appeals district,
116	116	other than the Court of Appeals for the Fifteenth Court of Appeals
117	117	District, may issue all writs of mandamus, agreeable to the
118	118	principles of law regulating those writs, against:
119	119	(1) a judge of a district court who is acting as a
120	120	magistrate at a court of inquiry under Chapter 52, Code of Criminal
121	121	Procedure, in the court of appeals district; or
122	122	(2) an associate judge of a district or county court
123	123	appointed by a judge under Chapter 201, Family Code, in the court of
124	124	appeals district for the judge who appointed the associate judge.
125	125	(c-1) The original jurisdiction of the Court of Appeals for
126	126	the Fifteenth Court of Appeals District to issue writs is limited to
127	127	writs arising out of matters over which the court has exclusive
128	128	intermediate appellate jurisdiction under Section 22.220(d).
129	129	SECTION 1.07. Section 22.229(a), Government Code, is
130	130	amended to read as follows:
131	131	(a) An appellate judicial system fund is established for
132	132	each court of appeals, other than the Court of Appeals of the
133	133	Fifteenth Court of Appeals District, to:
134	134	(1) assist the court of appeals in the processing of
135	135	appeals filed with the court of appeals from the county courts,
136	136	statutory county courts, statutory probate courts, and district
137	137	courts in the counties the court of appeals serves; and
138	138	(2) defray costs and expenses incurred in the
139	139	operation of the court of appeals.
140	140	SECTION 1.08. Section 73.001, Government Code, is amended
141	141	to read as follows:
142	142	Sec. 73.001. AUTHORITY TO TRANSFER. (a) Except as provided
143	143	by Subsection (b), the [The] supreme court may order cases
144	144	transferred from one court of appeals to another at any time that,
145	145	in the opinion of the supreme court, there is good cause for the
146	146	transfer.
147	147	(b) The supreme court may not transfer any case or
148	148	proceeding properly filed in the Court of Appeals for the Fifteenth
149	149	Court of Appeals District to another court of appeals for the
150	150	purpose of equalizing the dockets of the courts of appeals.
151	151	(c) The supreme court shall adopt rules for:
152	152	(1) transferring an appeal inappropriately filed in
153	153	the Fifteenth Court of Appeals to a court of appeals with
154	154	jurisdiction over the appeal; and
155	155	(2) transferring to the Fifteenth Court of Appeals
156	156	from another court of appeals the appeals over which the Fifteenth
157	157	Court of Appeals has exclusive intermediate appellate jurisdiction
158	158	under Section 22.220(d).
159	159	SECTION 1.09. Section 659.012(a), Government Code, is
160	160	amended to read as follows:
161	161	(a) Notwithstanding Section 659.011 and subject to
162	162	Subsections (b) and (b-1):
163	163	(1) a judge of a district court is entitled to an
164	164	annual base salary from the state as set by the General
165	165	Appropriations Act in an amount equal to at least $140,000, except
166	166	that the combined base salary of a district judge from all state and
167	167	county sources, including compensation for any extrajudicial
168	168	services performed on behalf of the county, may not exceed the
169	169	amount that is $5,000 less than the maximum combined base salary
170	170	from all state and county sources for a justice of a court of
171	171	appeals other than a chief justice as determined under this
172	172	subsection;
173	173	(2) except as provided by Subdivision (3), a justice
174	174	of a court of appeals other than the chief justice is entitled to an
175	175	annual base salary from the state in the amount equal to 110 percent
176	176	of the state base salary of a district judge as set by the General
177	177	Appropriations Act, except that the combined base salary of a
178	178	justice of the court of appeals other than the chief justice from
179	179	all state and county sources, including compensation for any
180	180	extrajudicial services performed on behalf of the county, may not
181	181	exceed the amount that is $5,000 less than the base salary for a
182	182	justice of the supreme court as determined under this subsection;
183	183	(3) a justice of the Court of Appeals for the Fifteenth
184	184	Court of Appeals District other than the chief justice is entitled
185	185	to an annual base salary from the state in the amount equal to
186	186	$5,000 less than 120 percent of the state base salary of a district
187	187	judge as set by the General Appropriations Act;
188	188	(4) a justice of the supreme court other than the chief
189	189	justice or a judge of the court of criminal appeals other than the
190	190	presiding judge is entitled to an annual base salary from the state
191	191	in the amount equal to 120 percent of the state base salary of a
192	192	district judge as set by the General Appropriations Act; and
193	193	(5) [(4)] the chief justice or presiding judge of an
194	194	appellate court is entitled to an annual base salary from the state
195	195	in the amount equal to $2,500 more than the state base salary
196	196	provided for the other justices or judges of the court, except that
197	197	the combined base salary of the chief justice of a court of appeals
198	198	from all state and county sources may not exceed the amount equal to
199	199	$2,500 less than the base salary for a justice of the supreme court
200	200	as determined under this subsection.
201	201	SECTION 1.10. Section 2001.038(f), Government Code, is
202	202	amended to read as follows:
203	203	(f) A Travis County district court in which an action is
204	204	brought under this section, on its own motion or the motion of any
205	205	party, may request transfer of the action to the Court of Appeals
206	206	for the Fifteenth [Third] Court of Appeals District if the district
207	207	court finds that the public interest requires a prompt,
208	208	authoritative determination of the validity or applicability of the
209	209	rule in question and the case would ordinarily be appealed. After
210	210	filing of the district court's request with the court of appeals,
211	211	transfer of the action may be granted by the court of appeals if it
212	212	agrees with the findings of the district court concerning the
213	213	application of the statutory standards to the action. On entry of
214	214	an order by the court of appeals granting transfer, the action is
215	215	transferred to the court of appeals for decision, and the validity
216	216	or applicability of the rule in question is subject to judicial
217	217	review by the court of appeals. The administrative record and the
218	218	district court record shall be filed by the district clerk with the
219	219	clerk of the court of appeals. The court of appeals may direct the
220	220	district court to conduct any necessary evidentiary hearings in
221	221	connection with the action.
222	222	SECTION 1.11. Section 2001.176(c), Government Code, is
223	223	amended to read as follows:
224	224	(c) A Travis County district court in which an action is
225	225	brought under this section, on its own motion or on motion of any
226	226	party, may request transfer of the action to the Court of Appeals
227	227	for the Fifteenth [Third] Court of Appeals District if the district
228	228	court finds that the public interest requires a prompt,
229	229	authoritative determination of the legal issues in the case and the
230	230	case would ordinarily be appealed. After filing of the district
231	231	court's request with the court of appeals, transfer of the action
232	232	may be granted by the court of appeals if it agrees with the
233	233	findings of the district court concerning the application of the
234	234	statutory standards to the action. On entry of an order by the
235	235	court of appeals granting transfer, the action is transferred to
236	236	the court of appeals for decision, and the agency decision in the
237	237	contested case is subject to judicial review by the court of
238	238	appeals. The administrative record and the district court record
239	239	shall be filed by the district clerk with the clerk of the court of
240	240	appeals. The court of appeals may direct the district court to
241	241	conduct any necessary evidentiary hearings in connection with the
242	242	action.
243	243	SECTION 1.12. Section 2301.751(a), Occupations Code, is
244	244	amended to read as follows:
245	245	(a) A party to a proceeding affected by a final order, rule,
246	246	or decision or other final action of the board with respect to a
247	247	matter arising under this chapter or Chapter 503, Transportation
248	248	Code, may seek judicial review of the action under the substantial
249	249	evidence rule in:
250	250	(1) a district court in Travis County; or
251	251	(2) the court of appeals for the Fifteenth [Third]
252	252	Court of Appeals District.
253	253	SECTION 1.13. Section 39.001(e), Utilities Code, is amended
254	254	to read as follows:
255	255	(e) Judicial review of competition rules adopted by the
256	256	commission shall be conducted under Chapter 2001, Government Code,
257	257	except as otherwise provided by this chapter. Judicial review of
258	258	the validity of competition rules shall be commenced in the Court of
259	259	Appeals for the Fifteenth [Third] Court of Appeals District and
260	260	shall be limited to the commission's rulemaking record. The
261	261	rulemaking record consists of:
262	262	(1) the notice of the proposed rule;
263	263	(2) the comments of all interested persons;
264	264	(3) all studies, reports, memoranda, or other
265	265	materials on which the commission relied in adopting the rule; and
266	266	(4) the order adopting the rule.
267	267	SECTION 1.14. (a) Except as otherwise provided by this Act,
268	268	the Court of Appeals for the Fifteenth Court of Appeals District is
269	269	created September 1, 2024.
270	270	(b) If the Court of Appeals for the Fifteenth Court of
271	271	Appeals District is created, the initial vacancies in the offices
272	272	of chief justice and justices of the court shall be filled by
273	273	appointment.
274	274	SECTION 1.15. (a) The changes in law made by this Act apply
275	275	to appeals perfected on or after September 1, 2024.
276	276	(b) On September 1, 2024, all cases pending in other courts
277	277	of appeal that were filed on or after September 1, 2023, and of
278	278	which the Court of Appeals for the Fifteenth Court of Appeals
279	279	District has exclusive intermediate appellate jurisdiction are
280	280	transferred to the Court of Appeals for the Fifteenth Court of
281	281	Appeals District.
282	282	(c) When a case is transferred as provided by Subsection (b)
283	283	of this section:
284	284	(1) all processes, writs, bonds, recognizances, or
285	285	other obligations issued from the other courts of appeal are
286	286	returnable to the Court of Appeals for the Fifteenth Court of
287	287	Appeals District as if originally issued by that court; and
288	288	(2) the obligees on all bonds and recognizances taken
289	289	in and for the other courts of appeal and all witnesses summoned to
290	290	appear in another court of appeals are required to appear before the
291	291	Court of Appeals for the Fifteenth Court of Appeals District as if
292	292	originally required to appear before the Court of Appeals for the
293	293	Fifteenth Court of Appeals District.
294	294	ARTICLE 2. CONFORMING AMENDMENTS
295	295	SECTION 2.01. Article 4.01, Code of Criminal Procedure, is
296	296	amended to read as follows:
297	297	Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
298	298	following courts have jurisdiction in criminal actions:
299	299	1. The Court of Criminal Appeals;
300	300	2. Courts of appeals, other than the Court of Appeals
301	301	for the Fifteenth Court of Appeals District;
302	302	3. The district courts;
303	303	4. The criminal district courts;
304	304	5. The magistrates appointed by the judges of the
305	305	district courts of Bexar County, Dallas County, Tarrant County, or
306	306	Travis County that give preference to criminal cases and the
307	307	magistrates appointed by the judges of the criminal district courts
308	308	of Dallas County or Tarrant County;
309	309	6. The county courts;
310	310	7. All county courts at law with criminal
311	311	jurisdiction;
312	312	8. County criminal courts;
313	313	9. Justice courts;
314	314	10. Municipal courts;
315	315	11. The magistrates appointed by the judges of the
316	316	district courts of Lubbock County;
317	317	12. The magistrates appointed by the El Paso Council
318	318	of Judges;
319	319	13. The magistrates appointed by the Collin County
320	320	Commissioners Court;
321	321	14. The magistrates appointed by the Brazoria County
322	322	Commissioners Court or the local administrative judge for Brazoria
323	323	County; and
324	324	15. The magistrates appointed by the judges of the
325	325	district courts of Tom Green County.
326	326	SECTION 2.02. Article 4.03, Code of Criminal Procedure, is
327	327	amended to read as follows:
328	328	Art. 4.03. COURTS OF APPEALS. The Courts of Appeals, other
329	329	than the Court of Appeals for the Fifteenth Court of Appeals
330	330	District, shall have appellate jurisdiction coextensive with the
331	331	limits of their respective districts in all criminal cases except
332	332	those in which the death penalty has been assessed. This article
333	333	[Article] shall not be so construed as to embrace any case which has
334	334	been appealed from any inferior court to the county court, the
335	335	county criminal court, or county court at law, in which the fine
336	336	imposed or affirmed by the county court, the county criminal court
337	337	or county court at law does not exceed one hundred dollars, unless
338	338	the sole issue is the constitutionality of the statute or ordinance
339	339	on which the conviction is based.
340	340	SECTION 2.03. Article 44.25, Code of Criminal Procedure, is
341	341	amended to read as follows:
342	342	Art. 44.25. CASES REMANDED. The courts of appeals, other
343	343	than the Court of Appeals of the Fifteenth Court of Appeals
344	344	District, or the Court of Criminal Appeals may reverse the judgment
345	345	in a criminal action, as well upon the law as upon the facts.
346	346	SECTION 2.04. Section 31.001, Government Code, is amended
347	347	to read as follows:
348	348	Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
349	349	The commissioners courts in the counties of each of the 15 [14]
350	350	courts of appeals districts may pay additional compensation in an
351	351	amount that does not exceed the limitations of Section 659.012 to
352	352	each of the justices of the courts of appeals, other than a justice
353	353	of the Court of Appeals of the Fifteenth Court of Appeals District,
354	354	residing within the court of appeals district that includes those
355	355	counties. The compensation is for all extrajudicial services
356	356	performed by the justices.
357	357	ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; CONSTITUTIONAL
358	358	CHALLENGE; EFFECTIVE DATE
359	359	SECTION 3.01. (a) Notwithstanding Section 22.201(a),
360	360	Government Code, as amended by this Act, and Sections 22.201(p) and
361	361	22.2151, Government Code, as added by this Act, the Court of Appeals
362	362	for the Fifteenth Court of Appeals District is not created unless
363	363	the legislature makes a specific appropriation of money for that
364	364	purpose. For purposes of this subsection, a specific appropriation
365	365	is an appropriation identifying the Court of Appeals for the
366	366	Fifteenth Court of Appeals District or an Act of the 88th
367	367	Legislature, Regular Session, 2023, relating to the creation of the
368	368	Court of Appeals for the Fifteenth Court of Appeals District.
369	369	(b) Notwithstanding Section 22.220(a), Government Code, as
370	370	amended by this Act, a court of appeals has the same jurisdiction
371	371	the court had on August 31, 2023, if the Court of Appeals for the
372	372	Fifteenth Court of Appeals District is not created as a result of
373	373	Subsection (a) of this section.
374	374	SECTION 3.02. The Texas Supreme Court has exclusive and
375	375	original jurisdiction over a challenge to the constitutionality of
376	376	this Act or any part of this Act and may issue injunctive or
377	377	declaratory relief in connection with the challenge.
378	378	SECTION 3.03. This Act takes effect September 1, 2023.
379	379	______________________________ ______________________________
380	380	President of the Senate Speaker of the House
381	381	I hereby certify that S.B. No. 1045 passed the Senate on
382	382	March 30, 2023, by the following vote: Yeas 19, Nays 12; and that
383	383	the Senate concurred in House amendments on May 21, 2023, by the
384	384	following vote: Yeas 19, Nays 12.
385	385	______________________________
386	386	Secretary of the Senate
387	387	I hereby certify that S.B. No. 1045 passed the House, with
388	388	amendments, on May 19, 2023, by the following vote: Yeas 91,
389	389	Nays 47, two present not voting.
390	390	______________________________
391	391	Chief Clerk of the House
392	392	Approved:
393	393	______________________________
394	394	Date
395	395	______________________________
396	396	Governor