73R6632 RJA-D
By Cuellar of Webb H.B. No. 2078
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the organization and administration of the courts of
1-3 appeals and to the election of justices of those courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 22.201(b), (f), (g), (m), and (o),
1-6 Government Code, are amended to read as follows:
1-7 (b) The First Court of Appeals District is composed of the
1-8 counties of Austin, Brazoria, <Brazos,> Burleson, Chambers,
1-9 Colorado, Fort Bend, Galveston, Grimes, Harris, Trinity, Walker,
1-10 Waller, and Washington.
1-11 (f) The Fifth Court of Appeals District is composed of the
1-12 counties of Collin, Dallas, Grayson, Hunt, and <Kaufman,>
1-13 Rockwall<, and Van Zandt>.
1-14 (g) The Sixth Court of Appeals District is composed of the
1-15 counties of Bowie, Camp, Cass, Delta, Fannin, Franklin, Gregg,
1-16 Harrison, Hopkins, <Hunt,> Lamar, Marion, Morris, Panola, Rains,
1-17 Red River, Rusk, Titus, Upshur, and Wood.
1-18 (m) The Twelfth Court of Appeals District is composed of the
1-19 counties of Anderson, Cherokee, <Gregg,> Henderson, <Hopkins,>
1-20 Houston, Kaufman, Nacogdoches, <Panola, Rains, Rusk,> Sabine, San
1-21 Augustine, Shelby, Smith, and <Upshur,> Van Zandt<, and Wood>.
1-22 (o) The Fourteenth Court of Appeals District is composed of
1-23 the counties of Austin, Brazoria, <Brazos,> Burleson, Chambers,
1-24 Colorado, Fort Bend, Galveston, Grimes, Harris, Trinity, Walker,
2-1 Waller, and Washington.
2-2 SECTION 2. Subchapter C, Chapter 22, Government Code, is
2-3 amended by adding Section 22.229 to read as follows:
2-4 Sec. 22.229. ELECTION FROM PLACES. (a) The justices of
2-5 each court of appeals district shall be elected by places within
2-6 the district as provided by law.
2-7 (b) The legislature shall draw the boundaries of the places
2-8 within each court of appeals district, designate the number of each
2-9 place within the district, and designate the sequence in which each
2-10 place in the district will appear on a ballot to be filled by
2-11 partisan election by place. The number of places within a district
2-12 is equal to the number of justices provided by statute for the
2-13 court of appeals in that district. Each point within the district
2-14 shall be within the area of one place. If a justice is added to a
2-15 court of appeals, the justice shall be elected from the entire
2-16 district until the first general election following the next
2-17 redistricting of the district into places.
2-18 (c) Any election of a justice governed by Chapter 202,
2-19 Election Code, shall be a partisan election by place.
2-20 (d) To be eligible to serve as justice, the person at the
2-21 time of election or appointment must reside within the boundary of
2-22 the court of appeals district and may, but need not, be a resident
2-23 of the area of the place for which the office is filled.
2-24 (e) For purposes of the Election Code, each partisan
2-25 election by place of a justice is considered to be an election of a
2-26 district office filled by the voters of more than one county.
2-27 (f) A justice elected to a place shall serve on the same
3-1 court of appeals as the justice he or she immediately succeeds.
3-2 (g) Places within a court of appeals district shall be
3-3 filled by partisan election by place in ascending numerical order
3-4 from the smallest numbered to the largest numbered place.
3-5 SECTION 3. Subchapter C, Chapter 22, Government Code, is
3-6 amended by adding Section 22.230 to read as follows:
3-7 Sec. 22.230. TRANSACTION OF BUSINESS. A court of appeals
3-8 may transact its business in any county in the court of appeals
3-9 district as the court determines necessary and convenient.
3-10 SECTION 4. Sections 22.202(g), 22.203(b), 22.204(b),
3-11 22.205(b), 22.206(b), 22.207(b), 22.209(b), 22.213(c), 22.214(c),
3-12 and 22.215(c), Government Code, are repealed.
3-13 SECTION 5. Section 31.001, Government Code, is amended to
3-14 read as follows:
3-15 Sec. 31.001. Authority For County Payment Of Compensation.
3-16 The commissioners courts in the counties of each of the <14> courts
3-17 of appeals districts may pay an amount not to exceed $15,000 a year
3-18 to each of the justices of the courts of appeals residing within
3-19 the court of appeals district that includes those counties. The
3-20 payment is for all judicial and administrative services performed
3-21 by the justices.
3-22 SECTION 6. This Act does not affect the jurisdiction on
3-23 appeal of any case from a county that is transferred by this Act to
3-24 a different court of appeals district if the transcripts for the
3-25 case were filed before the effective date of this Act in the
3-26 appropriate court of appeals district.
3-27 SECTION 7. This Act does not affect the term of a justice of
4-1 a court of appeals elected or appointed before the effective date
4-2 of this Act. Justices shall be elected from court of appeals
4-3 districts as changed by this Act for each regular term that begins
4-4 after the effective date and at each election held after the
4-5 effective date to fill a vacancy in the office of justice of a
4-6 court of appeals.
4-7 SECTION 8. This Act takes effect September 1, 1993.
4-8 SECTION 9. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.
4-13 COMMITTEE AMENDMENT NO. 1
4-14 Amend H.B. 2078 on page 4, following Section 7 by inserting new
4-15 Section 8 and 9 as follows and renumbering subsequent sections:
4-16 "SECTION 8. Subchapter C, Chapter 22, Government Code, is
4-17 amended by adding a new Section 22.231 to read as follows:
4-18 "Sec. 22.231. INTERIM PROVISION. This provision is
4-19 necessary to assure continuity in the administration of justice and
4-20 to provide for the orderly transition to the method of electing
4-21 justices by place. Chief justices and justices serving on their
4-22 courts of appeal on the effective date of this Act may, at the end
4-23 of their current term of office, at their option stand for election
4-24 either by election in the entire court of appeals district or by an
4-25 election by place. Until a chief justice or justice covered by
4-26 this section has been elected in an election by place, the chief
4-27 justice or justice may not be identified with a specific place
5-1 within the court of appeals district.
5-2 SECTION 9. Subchapter C, Chapter 22, Government Code, is
5-3 amended by adding Section 22.232 to read as follows:
5-4 "Section 22.232. A person serving as chief justice of a
5-5 court of appeals on the effective date of this Act continues to
5-6 serve as chief justice until the person declines the office of
5-7 chief justice in writing or vacates the office of justice of the
5-8 courts of appeals."
5-9 Cuellar of Webb