89R11857 BCH-D
By: Richardson H.B. No. 4797
A BILL TO BE ENTITLED
AN ACT
relating to the reorganization of the court of appeals districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.201(a), (b), (c), (d), (e), and (f),
Government Code, are amended to read as follows:
(a) The state is organized into six [15] courts of appeals
districts with a court of appeals in each district.
(b) The [First] Court of Appeals District A is composed of
the counties of Austin, Brazoria, Chambers, Colorado, Fort Bend,
Galveston, Grimes, Hardin, Harris, Jasper, Jefferson, Liberty,
Montgomery, Newton, Orange, Polk, San Jacinto, Tyler, Waller, [and]
Washington, and Wharton.
(c) The [Second] Court of Appeals District B is composed of
the counties of Archer, Bosque, Brazos, Burleson, Clay, Coryell,
Ellis, Falls, Hamilton, Hill, [Cooke, Denton,] Hood, Jack, Johnson,
Limestone, McLennan, [Montague,] Parker, Robertson, Somervell,
Tarrant, Wichita, Wise, and Young.
(d) The [Third] Court of Appeals District C is composed of
the counties of Armstrong, Bailey, Bastrop, Baylor, Bell, Blanco,
Borden, Briscoe, Brown, Burnet, Caldwell, Callahan, Carson,
Castro, Childress, Cochran, Coke, Coleman, Collingsworth, Comal,
Comanche, Concho, Cottle, Crosby, Dallam, Dawson, Deaf Smith,
Dickens, Donley, Eastland, Ector, Erath, Fayette, Fisher, Floyd,
Foard, Gaines, Garza, Glasscock, Gray, Hale, Hall, Hansford,
Hardeman, Hartley, Haskell, Hays, Hemphill, Hockley, Howard,
Hutchinson, Irion, Jones, Kent, King, Knox, Lamb, Lampasas, Lee,
Llano, Lubbock, Lynn, Martin, McCulloch, Midland, Milam, Mills,
Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto,
Parmer, Potter, Randall, Roberts, Runnels, San Saba, Schleicher,
Scurry, Shackleford, Sherman, Stephens, Sterling, Stonewall,
Swisher, Taylor, Terry, Throckmorton, Tom Green, Travis,
Wilbarger, [and] Williamson, Wheeler, and Yoakum.
(e) The [Fourth] Court of Appeals District D is composed of
the counties of Andrews, Aransas, Atascosa, Bandera, Bee, Bexar,
Brewster, Brooks, Calhoun, Cameron, Crane, Crockett, Culberson,
DeWitt, Dimmit, Duval, Edwards, El Paso, Frio, Gillespie, Goliad,
Gonzales, Guadalupe, Hidalgo, Hudspeth, Jackson, Jeff Davis, Jim
Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney,
Kleberg, LaSalle, Lavaca, Live Oak, Loving, [McMullen,] Mason,
Matagorda, Maverick, McMullen, Medina, Menard, Nueces, Pecos,
Presidio, Reagan, Real, Reeves, Refugio, San Patricio, Starr,
Sutton, Terrell, Upton, Uvalde, Val Verde, Victoria, Ward, Webb,
Willacy, Wilson, Winkler, Zapata, and Zavala.
(f) The [Fifth] Court of Appeals District E is composed of
the counties of Anderson, Angelina, Bowie, Camp, Cass, Cherokee,
Collin, Cooke, Dallas, Delta, Denton, Fannin, Franklin, Freestone,
Grayson, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt,
Kaufman, Lamar, Leon, Madison, Marion, Montague, Morris,
Nacogdoches, Navarro, Panola, Raines, Red River, [and] Rockwall,
Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Trinity, Upshur,
Van Zandt, Walker, and Wood.
SECTION 2. The heading to Section 22.202, Government Code,
is amended to read as follows:
Sec. 22.202. [FIRST] COURT OF APPEALS: APPELLATE DISTRICT
A.
SECTION 3. Sections 22.202(a) and (g), Government Code, are
amended to read as follows:
(a) The Court of Appeals for Appellate [the First Court of
Appeals] District A shall be held in the cities [City] of Houston
and Beaumont.
(g) The court [First Court of Appeals] may transact its
business in any county in the district [First Court of Appeals
District] as the court determines necessary and convenient.
SECTION 4. The heading to Section 22.203, Government Code,
is amended to read as follows:
Sec. 22.203. [SECOND] COURT OF APPEALS: APPELLATE DISTRICT
B.
SECTION 5. Section 22.203(a), Government Code, is amended
to read as follows:
(a) The Court of Appeals for Appellate [the Second Court of
Appeals] District B shall be held in the cities [City] of Fort Worth
and Waco.
SECTION 6. The heading to Section 22.204, Government Code,
is amended to read as follows:
Sec. 22.204. [THIRD] COURT OF APPEALS: APPELLATE DISTRICT
C.
SECTION 7. Sections 22.204(a) and (b), Government Code, are
amended to read as follows:
(a) The Court of Appeals for Appellate [the Third Court of
Appeals] District C shall be held in the cities [City] of Austin,
Amarillo, and Eastland.
(b) The court may transact its business in any [at the]
county in the [seat of any of the counties within its] district as
the court determines is necessary and convenient[, except that all
cases originating in Travis County shall be heard and transacted in
that county].
SECTION 8. Section 22.205, Government Code, is amended to
read as follows:
Sec. 22.205. [FOURTH] COURT OF APPEALS: APPELLATE DISTRICT
D. (a) The Court of Appeals for Appellate [the Fourth Court of
Appeals] District D shall be held in the cities [City] of San
Antonio, Corpus Christi, and El Paso.
(b) The court may transact its business in any [at the]
county in the [seat of any of the counties within its] district[,]
as the court determines is necessary and convenient, except that
all cases originating in Bexar County that the court hears shall be
heard and transacted in that county.
SECTION 9. The heading to Section 22.206, Government Code,
is amended to read as follows:
Sec. 22.206. [FIFTH] COURT OF APPEALS: APPELLATE DISTRICT
E.
SECTION 10. Section 22.206(a), Government Code, is amended
to read as follows:
(a) The Court of Appeals for Appellate [the Fifth Court of
Appeals] District E shall be primarily held in the cities [City] of
Dallas, Texarkana, and Tyler.
SECTION 11. Sections 22.216(a), (b), (c), (d), and (e),
Government Code, are amended to read as follows:
(a) The Court of Appeals for [the First] Court of Appeals
District A consists of a chief justice and of 21 [eight] justices
holding places numbered consecutively beginning with Place 2.
(b) The Court of Appeals for [the Second] Court of Appeals
District B consists of a chief justice and of nine [six] justices
holding places numbered consecutively beginning with Place 2.
(c) The Court of Appeals for [the Third] Court of Appeals
District C consists of a chief justice and of 12 [five] justices
holding places numbered consecutively beginning with Place 2.
(d) The Court of Appeals for [the Fourth] Court of Appeals
District D consists of a chief justice and of 15 [six] justices
holding places numbered consecutively beginning with Place 2.
(e) The Court of Appeals for [the Fifth] Court of Appeals
District E consists of a chief justice and of 18 [12] justices
holding places numbered consecutively beginning with Place 2.
SECTION 12. Section 75.014(d), Government Code, is amended
to read as follows:
(d) The offices, courtrooms, physical facilities,
equipment, furniture, and books provided by the El Paso
Commissioners Court for the court system and its auxiliary
services, judges, and court personnel, except for the Court of
Appeals for Appellate [the Eighth Court of Appeals] District D,
shall be allocated and utilized as provided by a majority vote of
the council of judges.
SECTION 13. The following provisions of the Government Code
are repealed:
(1) Sections 22.201(g), (h), (i), (j), (k), (l), (m),
(n), and (o);
(2) Sections 22.202(b), (c), (d), (e), (f), (h), and
(i);
(3) Section 22.203(g);
(4) Sections 22.204(c), (d), (e), and (f);
(5) Section 22.206(c);
(6) Sections 22.207, 22.208, 22.209, 22.210, 22.211,
22.212, 22.213, 22.214, and 22.215; and
(7) Sections 22.216(f), (g), (h), (i), (j), (k), (l),
(m), and (n).
SECTION 14. (a) On the effective date of this Act:
(1) the person serving as chief justice of the
Fourteenth Court of Appeals becomes the chief justice of the court
of appeals for Appellate District A, and the persons serving as
chief justices of the First and Ninth Courts of Appeals become
deputy chief justices of the court of appeals for Appellate
District A but retain the justices' classification and compensation
as chief justices;
(2) the person serving as chief justice of the Tenth
Court of Appeals becomes the chief justice of the court of appeals
for Appellate District B, and the person serving as chief justice of
the Second Court of Appeals becomes deputy chief justice of the
court of appeals for Appellate District B but retains the justice's
classification and compensation as a chief justice;
(3) the person serving as chief justice of the Seventh
Court of Appeals becomes the chief justice of the court of appeals
for Appellate District C, and the persons serving as chief justices
of the Third and Eleventh Courts of Appeals become deputy chief
justices of the court of appeals for Appellate District C but retain
the justices' classification and compensation as chief justices;
(4) the person serving as chief justice of the
Thirteenth Court of Appeals becomes the chief justice of the court
of appeals for Appellate District D, and the persons serving as
chief justices of the Fourth and Eighth Courts of Appeals become
deputy chief justices of the court of appeals for Appellate
District D but retain the justices' classification and compensation
as chief justices; and
(5) the person serving as chief justice of the Twelfth
Court of Appeals becomes the chief justice of the court of appeals
for Appellate District E, and the persons serving as chief justices
of the Fifth and Sixth Courts of Appeals become deputy chief
justices of the court of appeals for Appellate District E but retain
the justices' classification and compensation as chief justices.
(b) When a person who became a deputy chief justice of a
court of appeals for an appellate district as provided by
Subsection (a) of this section leaves office, a person appointed or
elected to fill the justice's place becomes a justice of the
appellate district and not a deputy chief justice.
(c) A person who is justice of a court of appeals serving on
the effective date of this Act and who resides in a county
transferred by this Act from a court of appeals district to another
court of appeals district becomes a member of the court of appeals
of the appellate district to which the county is transferred for the
period the person was elected or appointed as justice to a court of
appeals.
(d) If more than two persons serving as justices of a court
of appeals on the effective date of this Act reside in a county
transferred by this Act from a court of appeals district to another
court of appeals district and the number of justices for that
appellate district would exceed the number of justices provided
under Section 22.216, Government Code, as amended by this Act,
those justices shall draw lots as prescribed by the Texas Supreme
Court to determine which justices shall become members of the court
of appeals. A justice who resides in a county transferred to
another court of appeals district who does not become a justice of
the court of appeals of the appellate district to which the county
is transferred must establish residency in a county in another
court of appeals district with open justice positions not later
than January 1, 2026. A justice who does not comply with this
subsection vacates the justice's position as of January 1, 2026.
(e) On the effective date of this Act:
(1) the person serving as clerk of the Fourteenth
Court of Appeals becomes the clerk of the court of appeals for
Appellate District A, and the person serving as clerk of the Ninth
Court of Appeals becomes senior deputy clerk of the court of appeals
for Appellate District A but retains the person's classification
and compensation as clerk of the court;
(2) the person serving as clerk of the Second Court of
Appeals becomes the clerk of the court of appeals for Appellate
District B, and the person serving as clerk of the Tenth Court of
Appeals becomes senior deputy clerk of the court of appeals for
Appellate District B but retains the person's classification and
compensation as clerk of the court;
(3) the person serving as clerk of the Third Court of
Appeals becomes the clerk of the court of appeals for Appellate
District C, and the persons serving as clerks of the Seventh and
Eleventh Courts of Appeals become senior deputy clerks of the court
of appeals for Appellate District C but retain the persons'
classification and compensation as clerks of the court;
(4) the person serving as clerk of the Thirteenth
Court of Appeals becomes the clerk of the court of appeals for
Appellate District D, and the persons serving as clerks of the
Fourth and Eighth Courts of Appeals become senior deputy clerks of
the court of appeals for Appellate District D but retain the
persons' classification and compensation as clerks of the court;
and
(5) the person serving as clerk of the Fifth Court of
Appeals becomes the clerk of the court of appeals for Appellate
District E, and the persons serving as clerks of the Sixth and
Twelfth Courts of Appeals become senior deputy clerks of the court
of appeals for Appellate District E but retain the persons'
classification and compensation as clerks of the court.
(f) When a person serving as senior deputy clerk of a court
of appeals for an appellate district as provided by Subsection (e)
of this section leaves office, a person may be appointed to fill
that position as a clerk and not a senior deputy clerk.
(g) The Texas Supreme Court may adopt rules and establish
the procedures necessary to implement this Act.
SECTION 15. This Act does not affect the jurisdiction on
appeal of any case from a county that is transferred by this Act to a
different court of appeals district if the transcripts for the case
were filed before the effective date of this Act in the appropriate
court of appeals district.
SECTION 16. This Act takes effect September 1, 2025.