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Texas House Bill HB4797

Texas 2025 - 89th Regular

Texas House Bill HB4797 Compare Versions

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11 89R11857 BCH-D
22 By: Richardson H.B. No. 4797
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the reorganization of the court of appeals districts.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Sections 22.201(a), (b), (c), (d), (e), and (f),
1212 Government Code, are amended to read as follows:
1313 (a) The state is organized into six [15] courts of appeals
1414 districts with a court of appeals in each district.
1515 (b) The [First] Court of Appeals District A is composed of
1616 the counties of Austin, Brazoria, Chambers, Colorado, Fort Bend,
1717 Galveston, Grimes, Hardin, Harris, Jasper, Jefferson, Liberty,
1818 Montgomery, Newton, Orange, Polk, San Jacinto, Tyler, Waller, [and]
1919 Washington, and Wharton.
2020 (c) The [Second] Court of Appeals District B is composed of
2121 the counties of Archer, Bosque, Brazos, Burleson, Clay, Coryell,
2222 Ellis, Falls, Hamilton, Hill, [Cooke, Denton,] Hood, Jack, Johnson,
2323 Limestone, McLennan, [Montague,] Parker, Robertson, Somervell,
2424 Tarrant, Wichita, Wise, and Young.
2525 (d) The [Third] Court of Appeals District C is composed of
2626 the counties of Armstrong, Bailey, Bastrop, Baylor, Bell, Blanco,
2727 Borden, Briscoe, Brown, Burnet, Caldwell, Callahan, Carson,
2828 Castro, Childress, Cochran, Coke, Coleman, Collingsworth, Comal,
2929 Comanche, Concho, Cottle, Crosby, Dallam, Dawson, Deaf Smith,
3030 Dickens, Donley, Eastland, Ector, Erath, Fayette, Fisher, Floyd,
3131 Foard, Gaines, Garza, Glasscock, Gray, Hale, Hall, Hansford,
3232 Hardeman, Hartley, Haskell, Hays, Hemphill, Hockley, Howard,
3333 Hutchinson, Irion, Jones, Kent, King, Knox, Lamb, Lampasas, Lee,
3434 Llano, Lubbock, Lynn, Martin, McCulloch, Midland, Milam, Mills,
3535 Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto,
3636 Parmer, Potter, Randall, Roberts, Runnels, San Saba, Schleicher,
3737 Scurry, Shackleford, Sherman, Stephens, Sterling, Stonewall,
3838 Swisher, Taylor, Terry, Throckmorton, Tom Green, Travis,
3939 Wilbarger, [and] Williamson, Wheeler, and Yoakum.
4040 (e) The [Fourth] Court of Appeals District D is composed of
4141 the counties of Andrews, Aransas, Atascosa, Bandera, Bee, Bexar,
4242 Brewster, Brooks, Calhoun, Cameron, Crane, Crockett, Culberson,
4343 DeWitt, Dimmit, Duval, Edwards, El Paso, Frio, Gillespie, Goliad,
4444 Gonzales, Guadalupe, Hidalgo, Hudspeth, Jackson, Jeff Davis, Jim
4545 Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney,
4646 Kleberg, LaSalle, Lavaca, Live Oak, Loving, [McMullen,] Mason,
4747 Matagorda, Maverick, McMullen, Medina, Menard, Nueces, Pecos,
4848 Presidio, Reagan, Real, Reeves, Refugio, San Patricio, Starr,
4949 Sutton, Terrell, Upton, Uvalde, Val Verde, Victoria, Ward, Webb,
5050 Willacy, Wilson, Winkler, Zapata, and Zavala.
5151 (f) The [Fifth] Court of Appeals District E is composed of
5252 the counties of Anderson, Angelina, Bowie, Camp, Cass, Cherokee,
5353 Collin, Cooke, Dallas, Delta, Denton, Fannin, Franklin, Freestone,
5454 Grayson, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt,
5555 Kaufman, Lamar, Leon, Madison, Marion, Montague, Morris,
5656 Nacogdoches, Navarro, Panola, Raines, Red River, [and] Rockwall,
5757 Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Trinity, Upshur,
5858 Van Zandt, Walker, and Wood.
5959 SECTION 2. The heading to Section 22.202, Government Code,
6060 is amended to read as follows:
6161 Sec. 22.202. [FIRST] COURT OF APPEALS: APPELLATE DISTRICT
6262 A.
6363 SECTION 3. Sections 22.202(a) and (g), Government Code, are
6464 amended to read as follows:
6565 (a) The Court of Appeals for Appellate [the First Court of
6666 Appeals] District A shall be held in the cities [City] of Houston
6767 and Beaumont.
6868 (g) The court [First Court of Appeals] may transact its
6969 business in any county in the district [First Court of Appeals
7070 District] as the court determines necessary and convenient.
7171 SECTION 4. The heading to Section 22.203, Government Code,
7272 is amended to read as follows:
7373 Sec. 22.203. [SECOND] COURT OF APPEALS: APPELLATE DISTRICT
7474 B.
7575 SECTION 5. Section 22.203(a), Government Code, is amended
7676 to read as follows:
7777 (a) The Court of Appeals for Appellate [the Second Court of
7878 Appeals] District B shall be held in the cities [City] of Fort Worth
7979 and Waco.
8080 SECTION 6. The heading to Section 22.204, Government Code,
8181 is amended to read as follows:
8282 Sec. 22.204. [THIRD] COURT OF APPEALS: APPELLATE DISTRICT
8383 C.
8484 SECTION 7. Sections 22.204(a) and (b), Government Code, are
8585 amended to read as follows:
8686 (a) The Court of Appeals for Appellate [the Third Court of
8787 Appeals] District C shall be held in the cities [City] of Austin,
8888 Amarillo, and Eastland.
8989 (b) The court may transact its business in any [at the]
9090 county in the [seat of any of the counties within its] district as
9191 the court determines is necessary and convenient[, except that all
9292 cases originating in Travis County shall be heard and transacted in
9393 that county].
9494 SECTION 8. Section 22.205, Government Code, is amended to
9595 read as follows:
9696 Sec. 22.205. [FOURTH] COURT OF APPEALS: APPELLATE DISTRICT
9797 D. (a) The Court of Appeals for Appellate [the Fourth Court of
9898 Appeals] District D shall be held in the cities [City] of San
9999 Antonio, Corpus Christi, and El Paso.
100100 (b) The court may transact its business in any [at the]
101101 county in the [seat of any of the counties within its] district[,]
102102 as the court determines is necessary and convenient, except that
103103 all cases originating in Bexar County that the court hears shall be
104104 heard and transacted in that county.
105105 SECTION 9. The heading to Section 22.206, Government Code,
106106 is amended to read as follows:
107107 Sec. 22.206. [FIFTH] COURT OF APPEALS: APPELLATE DISTRICT
108108 E.
109109 SECTION 10. Section 22.206(a), Government Code, is amended
110110 to read as follows:
111111 (a) The Court of Appeals for Appellate [the Fifth Court of
112112 Appeals] District E shall be primarily held in the cities [City] of
113113 Dallas, Texarkana, and Tyler.
114114 SECTION 11. Sections 22.216(a), (b), (c), (d), and (e),
115115 Government Code, are amended to read as follows:
116116 (a) The Court of Appeals for [the First] Court of Appeals
117117 District A consists of a chief justice and of 21 [eight] justices
118118 holding places numbered consecutively beginning with Place 2.
119119 (b) The Court of Appeals for [the Second] Court of Appeals
120120 District B consists of a chief justice and of nine [six] justices
121121 holding places numbered consecutively beginning with Place 2.
122122 (c) The Court of Appeals for [the Third] Court of Appeals
123123 District C consists of a chief justice and of 12 [five] justices
124124 holding places numbered consecutively beginning with Place 2.
125125 (d) The Court of Appeals for [the Fourth] Court of Appeals
126126 District D consists of a chief justice and of 15 [six] justices
127127 holding places numbered consecutively beginning with Place 2.
128128 (e) The Court of Appeals for [the Fifth] Court of Appeals
129129 District E consists of a chief justice and of 18 [12] justices
130130 holding places numbered consecutively beginning with Place 2.
131131 SECTION 12. Section 75.014(d), Government Code, is amended
132132 to read as follows:
133133 (d) The offices, courtrooms, physical facilities,
134134 equipment, furniture, and books provided by the El Paso
135135 Commissioners Court for the court system and its auxiliary
136136 services, judges, and court personnel, except for the Court of
137137 Appeals for Appellate [the Eighth Court of Appeals] District D,
138138 shall be allocated and utilized as provided by a majority vote of
139139 the council of judges.
140140 SECTION 13. The following provisions of the Government Code
141141 are repealed:
142142 (1) Sections 22.201(g), (h), (i), (j), (k), (l), (m),
143143 (n), and (o);
144144 (2) Sections 22.202(b), (c), (d), (e), (f), (h), and
145145 (i);
146146 (3) Section 22.203(g);
147147 (4) Sections 22.204(c), (d), (e), and (f);
148148 (5) Section 22.206(c);
149149 (6) Sections 22.207, 22.208, 22.209, 22.210, 22.211,
150150 22.212, 22.213, 22.214, and 22.215; and
151151 (7) Sections 22.216(f), (g), (h), (i), (j), (k), (l),
152152 (m), and (n).
153153 SECTION 14. (a) On the effective date of this Act:
154154 (1) the person serving as chief justice of the
155155 Fourteenth Court of Appeals becomes the chief justice of the court
156156 of appeals for Appellate District A, and the persons serving as
157157 chief justices of the First and Ninth Courts of Appeals become
158158 deputy chief justices of the court of appeals for Appellate
159159 District A but retain the justices' classification and compensation
160160 as chief justices;
161161 (2) the person serving as chief justice of the Tenth
162162 Court of Appeals becomes the chief justice of the court of appeals
163163 for Appellate District B, and the person serving as chief justice of
164164 the Second Court of Appeals becomes deputy chief justice of the
165165 court of appeals for Appellate District B but retains the justice's
166166 classification and compensation as a chief justice;
167167 (3) the person serving as chief justice of the Seventh
168168 Court of Appeals becomes the chief justice of the court of appeals
169169 for Appellate District C, and the persons serving as chief justices
170170 of the Third and Eleventh Courts of Appeals become deputy chief
171171 justices of the court of appeals for Appellate District C but retain
172172 the justices' classification and compensation as chief justices;
173173 (4) the person serving as chief justice of the
174174 Thirteenth Court of Appeals becomes the chief justice of the court
175175 of appeals for Appellate District D, and the persons serving as
176176 chief justices of the Fourth and Eighth Courts of Appeals become
177177 deputy chief justices of the court of appeals for Appellate
178178 District D but retain the justices' classification and compensation
179179 as chief justices; and
180180 (5) the person serving as chief justice of the Twelfth
181181 Court of Appeals becomes the chief justice of the court of appeals
182182 for Appellate District E, and the persons serving as chief justices
183183 of the Fifth and Sixth Courts of Appeals become deputy chief
184184 justices of the court of appeals for Appellate District E but retain
185185 the justices' classification and compensation as chief justices.
186186 (b) When a person who became a deputy chief justice of a
187187 court of appeals for an appellate district as provided by
188188 Subsection (a) of this section leaves office, a person appointed or
189189 elected to fill the justice's place becomes a justice of the
190190 appellate district and not a deputy chief justice.
191191 (c) A person who is justice of a court of appeals serving on
192192 the effective date of this Act and who resides in a county
193193 transferred by this Act from a court of appeals district to another
194194 court of appeals district becomes a member of the court of appeals
195195 of the appellate district to which the county is transferred for the
196196 period the person was elected or appointed as justice to a court of
197197 appeals.
198198 (d) If more than two persons serving as justices of a court
199199 of appeals on the effective date of this Act reside in a county
200200 transferred by this Act from a court of appeals district to another
201201 court of appeals district and the number of justices for that
202202 appellate district would exceed the number of justices provided
203203 under Section 22.216, Government Code, as amended by this Act,
204204 those justices shall draw lots as prescribed by the Texas Supreme
205205 Court to determine which justices shall become members of the court
206206 of appeals. A justice who resides in a county transferred to
207207 another court of appeals district who does not become a justice of
208208 the court of appeals of the appellate district to which the county
209209 is transferred must establish residency in a county in another
210210 court of appeals district with open justice positions not later
211211 than January 1, 2026. A justice who does not comply with this
212212 subsection vacates the justice's position as of January 1, 2026.
213213 (e) On the effective date of this Act:
214214 (1) the person serving as clerk of the Fourteenth
215215 Court of Appeals becomes the clerk of the court of appeals for
216216 Appellate District A, and the person serving as clerk of the Ninth
217217 Court of Appeals becomes senior deputy clerk of the court of appeals
218218 for Appellate District A but retains the person's classification
219219 and compensation as clerk of the court;
220220 (2) the person serving as clerk of the Second Court of
221221 Appeals becomes the clerk of the court of appeals for Appellate
222222 District B, and the person serving as clerk of the Tenth Court of
223223 Appeals becomes senior deputy clerk of the court of appeals for
224224 Appellate District B but retains the person's classification and
225225 compensation as clerk of the court;
226226 (3) the person serving as clerk of the Third Court of
227227 Appeals becomes the clerk of the court of appeals for Appellate
228228 District C, and the persons serving as clerks of the Seventh and
229229 Eleventh Courts of Appeals become senior deputy clerks of the court
230230 of appeals for Appellate District C but retain the persons'
231231 classification and compensation as clerks of the court;
232232 (4) the person serving as clerk of the Thirteenth
233233 Court of Appeals becomes the clerk of the court of appeals for
234234 Appellate District D, and the persons serving as clerks of the
235235 Fourth and Eighth Courts of Appeals become senior deputy clerks of
236236 the court of appeals for Appellate District D but retain the
237237 persons' classification and compensation as clerks of the court;
238238 and
239239 (5) the person serving as clerk of the Fifth Court of
240240 Appeals becomes the clerk of the court of appeals for Appellate
241241 District E, and the persons serving as clerks of the Sixth and
242242 Twelfth Courts of Appeals become senior deputy clerks of the court
243243 of appeals for Appellate District E but retain the persons'
244244 classification and compensation as clerks of the court.
245245 (f) When a person serving as senior deputy clerk of a court
246246 of appeals for an appellate district as provided by Subsection (e)
247247 of this section leaves office, a person may be appointed to fill
248248 that position as a clerk and not a senior deputy clerk.
249249 (g) The Texas Supreme Court may adopt rules and establish
250250 the procedures necessary to implement this Act.
251251 SECTION 15. This Act does not affect the jurisdiction on
252252 appeal of any case from a county that is transferred by this Act to a
253253 different court of appeals district if the transcripts for the case
254254 were filed before the effective date of this Act in the appropriate
255255 court of appeals district.
256256 SECTION 16. This Act takes effect September 1, 2025.