By:  Lucio                                             S.B. No. 136
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the organization and operation of certain courts of
    1-2  appeals districts, including the Thirteenth Court of Appeals
    1-3  District and the Fifteenth Court of Appeals District.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Effective September 1, 1993, Section 22.214,
    1-6  Government Code, is amended by amending Subsection (c) and adding
    1-7  Subsection (d) to read as follows:
    1-8        (c)  The court may transact its business at the county seat
    1-9  of any county in the district as the court determines is necessary
   1-10  and convenient, except that:
   1-11              (1)  all cases originating in Nueces County shall be
   1-12  heard and transacted in that county; and
   1-13              (2)  all cases originating in Cameron, Hidalgo, or
   1-14  Willacy County shall be heard and transacted in <Cameron or>
   1-15  Hidalgo County.
   1-16        (d)  Notwithstanding Subsections (a) and (b), two justices of
   1-17  the court shall be assigned to perform all duties of office in the
   1-18  City of Edinburg.  The chief justice shall give preference to
   1-19  assignment under this subsection to a justice who resides in
   1-20  Cameron, Hidalgo, or Willacy County.  The City of Edinburg and
   1-21  Hidalgo County shall furnish and equip suitable rooms and a library
   1-22  for the court and the justices without expense to the state.  The
   1-23  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, Subsection (c),
    2-4  Section 22.214, 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, Subsection (a),
   2-14  Section 22.201, 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, Subsection (n),
   2-18  Section 22.201, 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
    3-1  follows:
    3-2        (p)  The Fifteenth Court of Appeals District is composed of
    3-3  the counties of Cameron, Hidalgo, and Willacy.
    3-4        SECTION 6.  Effective January 1, 1995, Subchapter C, Chapter
    3-5  22, Government Code, is amended by adding Section 22.2151 to read
    3-6  as follows:
    3-7        Sec. 22.2151.  FIFTEENTH COURT OF APPEALS.  (a)  The Court of
    3-8  Appeals for the Fifteenth Court of Appeals District shall be held
    3-9  in the City of Edinburg.
   3-10        (b)  The City of Edinburg and Hidalgo County shall furnish
   3-11  and equip suitable rooms and a library for the court and the
   3-12  justices without expense to the state.
   3-13        SECTION 7.  Effective January 1, 1995, Section 22.216,
   3-14  Government Code, is amended by amending Subsection (m) and adding
   3-15  Subsection (o) to read as follows:
   3-16        (m)  The Court of Appeals for the Thirteenth Court of Appeals
   3-17  District consists of a chief justice and two <five> justices.
   3-18        (o)  The Court of Appeals for the Fifteenth Court of Appeals
   3-19  District consists of a chief justice and two justices.
   3-20        SECTION 8.  Effective January 1, 1995, Section 31.001,
   3-21  Government Code, is amended to read as follows:
   3-22        Sec. 31.001.  AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
   3-23  The commissioners courts in the counties of each of the <14> courts
   3-24  of appeals districts may pay an amount not to exceed $15,000 a year
   3-25  to each of the justices of the courts of appeals residing within
    4-1  the court of appeals district that includes those counties.  The
    4-2  payment is for all judicial and administrative services performed
    4-3  by the justices.
    4-4        SECTION 9.  This Act does not affect the jurisdiction on
    4-5  appeal of any case from a county that is transferred by this Act to
    4-6  a different court of appeals district if the transcripts for the
    4-7  case were filed before the effective date of this Act in the
    4-8  appropriate court of appeals district.
    4-9        SECTION 10.  The initial vacancies in the offices of justice
   4-10  and chief justice of the Fifteenth Court of Appeals District on
   4-11  creation of the offices shall be filled by election.  The offices
   4-12  of justice and chief justice of the Fifteenth Court of Appeals
   4-13  District exist for purposes of the primary and general elections in
   4-14  1994.  The qualified voters of Cameron, Hidalgo, and Willacy
   4-15  counties shall elect the justices and chief justice of the
   4-16  Fifteenth Court of Appeals District at the general election in 1994
   4-17  for six-year terms beginning January 1, 1995.  A vacancy after the
   4-18  initial vacancy is filled as provided by Article IV, Section 12, of
   4-19  the Texas Constitution.
   4-20        SECTION 11.  The three offices of justice of the Thirteenth
   4-21  Court of Appeals District abolished by the amendment to Subsection
   4-22  (m), Section 22.216, Government Code, by this Act are those offices
   4-23  for which terms expire December 31, 1994.
   4-24        SECTION 12.  The cost of transferring necessary personnel and
   4-25  equipment of the Thirteenth Court of Appeals to Edinburg, as
    5-1  provided by Subsection (d), Section 22.214, Government Code, as
    5-2  added by this Act, shall be paid out of funds appropriated for the
    5-3  operation of the 13th Court of Appeals for the biennium ending
    5-4  August 31, 1995.  If no additional appropriation is authorized for
    5-5  that transfer, the cost of transferring necessary equipment and
    5-6  personnel of the Thirteenth Court of Appeals to Edinburg shall be
    5-7  paid by Cameron, Hidalgo, and Willacy counties, with each county's
    5-8  share based on the proportion its population bears to the total
    5-9  population of the three counties, according to the 1990 federal
   5-10  census, provided that the amount paid by the counties under this
   5-11  section for the fiscal year ending August 31, 1994, may not exceed
   5-12  $24,600, and the amount paid by the counties under this section for
   5-13  the fiscal year ending August 31, 1995, may not exceed $17,000.
   5-14        SECTION 13.  (a)  Sections 1 through 8 of this Act take
   5-15  effect as provided by those sections.
   5-16        (b)  Sections 9 through 12 of this Act take effect September
   5-17  1, 1993.
   5-18        (c)  This section takes effect August 31, 1993.
   5-19        SECTION 14.  The importance of this legislation and the
   5-20  crowded condition of the calendars in both houses create an
   5-21  emergency and an imperative public necessity that the
   5-22  constitutional rule requiring bills to be read on three several
   5-23  days in each house be suspended, and this rule is hereby suspended.