By: De La Garza H.B. No. 83
73R1091 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the organization and operation of the Court of Appeals
1-3 for the Thirteenth Court of Appeals District and to the creation of
1-4 the Fifteenth Court of Appeals District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Effective September 1, 1993, Section 22.214,
1-7 Government Code, is amended by amending Subsection (c) and adding
1-8 Subsection (d) to read as follows:
1-9 (c) The court may transact its business at the county seat
1-10 of any county in the district as the court determines is necessary
1-11 and convenient, except that:
1-12 (1) all cases originating in Nueces County shall be
1-13 heard and transacted in that county; and
1-14 (2) all cases originating in Cameron, Hidalgo, or
1-15 Willacy County shall be heard and transacted in <Cameron or>
1-16 Hidalgo County.
1-17 (d) Notwithstanding Subsections (a) and (b), two justices of
1-18 the court shall be assigned to perform all duties of office in the
1-19 City of Edinburg. The chief justice shall give preference to
1-20 assignment under this subsection to a justice who resides in
1-21 Cameron, Hidalgo, or Willacy County. The City of Edinburg and
1-22 Hidalgo County shall furnish and equip suitable rooms and a library
1-23 for the court and the justices without expense to the state. The
1-24 chief justice shall assign the personnel necessary to assist the
2-1 justices assigned under this subsection. This subsection expires
2-2 January 1, 1995.
2-3 SECTION 2. Effective January 1, 1995, Section 22.214(c),
2-4 Government Code, is amended to read as follows:
2-5 (c) The court may transact its business at the county seat
2-6 of any county in the district as the court determines is necessary
2-7 and convenient, except that<:>
2-8 <(1)> all cases originating in Nueces County shall be
2-9 heard and transacted in that county<; and>
2-10 <(2) all cases originating in Cameron, Hidalgo, or
2-11 Willacy County shall be heard and transacted in Cameron or Hidalgo
2-12 County>.
2-13 SECTION 3. Effective January 1, 1995, Section 22.201(a),
2-14 Government Code, is amended to read as follows:
2-15 (a) The state is divided into 15 <14> courts of appeals
2-16 districts with a court of appeals in each district.
2-17 SECTION 4. Effective January 1, 1995, Section 22.201(n),
2-18 Government Code, is amended to read as follows:
2-19 (n) The Thirteenth Court of Appeals District is composed of
2-20 the counties of Aransas, Bee, Calhoun, <Cameron,> DeWitt, Goliad,
2-21 Gonzales, <Hidalgo,> Jackson, Kenedy, Kleberg, Lavaca, Live Oak,
2-22 Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton<,
2-23 and Willacy>.
2-24 SECTION 5. Effective January 1, 1995, Section 22.201,
2-25 Government Code, is amended by adding Subsection (p) to read as
2-26 follows:
2-27 (p) The Fifteenth Court of Appeals District is composed of
3-1 the counties of Cameron, Hidalgo, and Willacy.
3-2 SECTION 6. Effective January 1, 1995, Subchapter C, Chapter
3-3 22, Government Code, is amended by adding Section 22.2151 to read
3-4 as follows:
3-5 Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
3-6 Appeals for the Fifteenth Court of Appeals District shall be held
3-7 in the City of Edinburg.
3-8 (b) The City of Edinburg and Hidalgo County shall furnish
3-9 and equip suitable rooms and a library for the court and the
3-10 justices without expense to the state.
3-11 SECTION 7. Effective January 1, 1995, Section 22.216,
3-12 Government Code, is amended by amending Subsection (m) and adding
3-13 Subsection (o) to read as follows:
3-14 (m) The Court of Appeals for the Thirteenth Court of Appeals
3-15 District consists of a chief justice and two <five> justices.
3-16 (o) The Court of Appeals for the Fifteenth Court of Appeals
3-17 District consists of a chief justice and two justices.
3-18 SECTION 8. Effective January 1, 1995, Section 31.001,
3-19 Government Code, is amended to read as follows:
3-20 Sec. 31.001. Authority For County Payment Of Compensation.
3-21 The commissioners courts in the counties of each of the <14> courts
3-22 of appeals districts may pay an amount not to exceed $15,000 a year
3-23 to each of the justices of the courts of appeals residing within
3-24 the court of appeals district that includes those counties. The
3-25 payment is for all judicial and administrative services performed
3-26 by the justices.
3-27 SECTION 9. This Act does not affect the jurisdiction on
4-1 appeal of any case from a county that is transferred by this Act to
4-2 a different court of appeals district if the transcripts for the
4-3 case were filed before the effective date of this Act in the
4-4 appropriate court of appeals district.
4-5 SECTION 10. The initial vacancies in the offices of justice
4-6 and chief justice of the Fifteenth Court of Appeals District on
4-7 creation of the offices shall be filled by election. The offices
4-8 of justice and chief justice of the Fifteenth Court of Appeals
4-9 District exist for purposes of the primary and general elections in
4-10 1994. The qualified voters of Cameron, Hidalgo, and Willacy
4-11 counties shall elect the justices and chief justice of the
4-12 Fifteenth Court of Appeals District at the general election in 1994
4-13 for six-year terms beginning January 1, 1995. A vacancy after the
4-14 initial vacancy is filled as provided by Article IV, Section 12, of
4-15 the Texas Constitution.
4-16 SECTION 11. The three offices of justice of the Thirteenth
4-17 Court of Appeals District abolished by the amendment to Section
4-18 22.216(m), Government Code, by this Act are those offices for which
4-19 terms expire December 31, 1994.
4-20 SECTION 12. The cost of transferring necessary personnel and
4-21 equipment of the 13th Court of Appeals to Edinburg, as provided by
4-22 Section 22.214(d), Government Code, as added by this Act, shall be
4-23 paid out of funds appropriated for the operation of the 13th Court
4-24 of Appeals for the biennium ending August 31, 1995. If no
4-25 additional appropriation is authorized for that transfer, the cost
4-26 of transferring necessary equipment and personnel of the 13th Court
4-27 of Appeals to Edinburg shall be paid by Cameron, Hidalgo, and
5-1 Willacy counties, with each county's share based on the proportion
5-2 its population bears to the total population of the three counties,
5-3 according to the 1990 federal census, provided that the amount paid
5-4 by the counties under this section for the fiscal year ending
5-5 August 31, 1994, may not exceed $24,600, and the amount paid by the
5-6 counties under this section for the fiscal year ending August 31,
5-7 1995, may not exceed $17,000.
5-8 SECTION 13. (a) Sections 1-8 of this Act take effect as
5-9 provided by those sections.
5-10 (b) Sections 9-12 of this Act take effect September 1, 1993.
5-11 (c) This section takes effect August 31, 1993.
5-12 SECTION 14. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.