Texas 2025 - 89th Regular

Texas House Bill HB5067 Compare Versions

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1-89R24312 BCH-F
21 By: Leach H.B. No. 5067
3- Substitute the following for H.B. No. 5067:
4- By: Schofield C.S.H.B. No. 5067
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94 A BILL TO BE ENTITLED
105 AN ACT
11- relating to notices of appeals for matters within the exclusive
12- intermediate appellate jurisdiction of the Court of Appeals for the
13- Fifteenth Court of Appeals District.
6+ relating to the jurisdiction of the Fifteenth Court of Appeals.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15- SECTION 1. Section 22.220, Government Code, is amended by
16- adding Subsection (e) to read as follows:
17- (e) A party may not file a notice of appeal in a civil case
18- requesting assignment of the appeal to the Court of Appeals for the
19- Fifteenth Court of Appeals District unless the notice includes a
20- matter arising out of or related to the case that is within the
21- court's exclusive intermediate appellate jurisdiction.
22- SECTION 2. The change in law made by this Act applies only
23- to a notice of appeal filed on or after the effective date of this
24- Act. A notice of appeal filed before the effective date of this Act
25- is governed by the law in effect on the date the notice was filed,
26- and the former law is continued in effect for that purpose.
8+ SECTION 1. Section 22.220(d), Government Code, is amended
9+ read as follows:
10+ (d) The Court of Appeals for the Fifteenth Court of Appeals
11+ District has exclusive intermediate appellate jurisdiction over
12+ the following matters arising out of or related to a civil case:
13+ (1) matters brought by or against the state or a board,
14+ commission, department, office, or other agency in the executive
15+ branch of the state government, including a university system or
16+ institution of higher education as defined by Section 61.003,
17+ Education Code, or by or against an officer or employee of the state
18+ or a board, commission, department, office, or other agency in the
19+ executive branch of the state government arising out of that
20+ officer's or employee's official conduct, other than:
21+ (A) a proceeding brought under the Family Code
22+ and any related motion or proceeding;
23+ (B) a proceeding brought under Chapter 7B or
24+ Article 17.292, Code of Criminal Procedure;
25+ (C) a proceeding brought against a district
26+ attorney, a criminal district attorney, or a county attorney with
27+ criminal jurisdiction;
28+ (D) a proceeding relating to a mental health
29+ commitment;
30+ (E) a proceeding relating to civil asset
31+ forfeiture;
32+ (F) a condemnation proceeding for the
33+ acquisition of land or a proceeding related to eminent domain;
34+ (G) a proceeding brought under Chapter 101, Civil
35+ Practice and Remedies Code;
36+ (H) a claim of personal injury or wrongful death;
37+ (I) a proceeding brought under Chapter 125, Civil
38+ Practice and Remedies Code, to enjoin a common nuisance;
39+ (J) a proceeding brought under Chapter 55, Code
40+ of Criminal Procedure;
41+ (K) a proceeding under Chapter 22A, Government
42+ Code;
43+ (L) a proceeding brought under Subchapter E-1,
44+ Chapter 411, Government Code;
45+ (M) a proceeding brought under Chapter 21, Labor
46+ Code;
47+ (N) a removal action under Chapter 87, Local
48+ Government Code; or
49+ (O) a proceeding brought under Chapter 841,
50+ Health and Safety Code;
51+ (2) matters in which a party to the proceeding files a
52+ petition, motion, or other pleading challenging the
53+ constitutionality or validity of a state statute or rule and the
54+ attorney general is a party to the case; and
55+ (3) any other matter as provided by law.
56+ (4) No civil notice of appeal filed in a trial court
57+ shall designate that it should be assigned to the Court of Appeals
58+ for the Fifteenth Court of Appeals District unless a matter being
59+ appealed falls within the Court of Appeals for the Fifteenth Court
60+ of Appeals District's exclusive jurisdiction.
61+ SECTION 2. The changes in law made by this Act apply only to
62+ an appeal commenced by the filing of a notice of appeal on or after
63+ the effective date of this Act. An appeal commenced by filing a
64+ notice of appeals before the effective date of this Act is governed
65+ by the law applicable to that appeal immediately before the
66+ effective date of this Act, and that law is continued in effect for
67+ that purpose.
2768 SECTION 3. This Act takes effect immediately if it receives
2869 a vote of two-thirds of all the members elected to each house, as
2970 provided by Section 39, Article III, Texas Constitution. If this
3071 Act does not receive the vote necessary for immediate effect, this
3172 Act takes effect September 1, 2025.