By: Leach H.B. No. 5067
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of the Fifteenth Court of Appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.220(d), Government Code, is amended
read as follows:
(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 101, Civil
Practice and Remedies Code;
(H) a claim of personal injury or wrongful death;
(I) a proceeding brought under Chapter 125, Civil
Practice and Remedies Code, to enjoin a common nuisance;
(J) a proceeding brought under Chapter 55, Code
of Criminal Procedure;
(K) a proceeding under Chapter 22A, Government
Code;
(L) a proceeding brought under Subchapter E-1,
Chapter 411, Government Code;
(M) a proceeding brought under Chapter 21, Labor
Code;
(N) a removal action under Chapter 87, Local
Government Code; or
(O) 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.
(4) No civil notice of appeal filed in a trial court
shall designate that it should be assigned to the Court of Appeals
for the Fifteenth Court of Appeals District unless a matter being
appealed falls within the Court of Appeals for the Fifteenth Court
of Appeals District's exclusive jurisdiction.
SECTION 2. The changes in law made by this Act apply only to
an appeal commenced by the filing of a notice of appeal on or after
the effective date of this Act. An appeal commenced by filing a
notice of appeals before the effective date of this Act is governed
by the law applicable to that appeal immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.