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.