By: Montford S.B. No. 870
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the organization and operations of the courts of
1-2 appeals.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.001(a), Government Code, is amended to
1-5 read as follows:
1-6 (a) The supreme court has appellate jurisdiction, except in
1-7 criminal law matters, coextensive with the limits of the state and
1-8 extending to all questions of law arising in the following cases
1-9 when they have been brought to the courts of appeals from
1-10 appealable judgment of the trial courts:
1-11 (1) a case in which the judges <justices> of a court
1-12 of appeals disagree on a question of law material to the decision;
1-13 (2) a case in which one of the courts of appeals holds
1-14 differently from a prior decision of another court of appeals or of
1-15 the supreme court on a question of law material to a decision of
1-16 the cases;
1-17 (3) a case involving the construction or validity of a
1-18 statute necessary to a determination of the case;
1-19 (4) a case involving state revenue;
1-20 (5) a case in which the railroad commission is a
1-21 party; and
1-22 (6) any other case in which it appears that an error
1-23 of law has been committed by the court of appeals, and that error
2-1 is of such importance to the jurisprudence of the state that, in
2-2 the opinion of the supreme court, it requires correction, but
2-3 excluding those cases in which the jurisdiction of the court of
2-4 appeals is made final by statute.
2-5 SECTION 2. Section 22.002(a), Government Code, is amended to
2-6 read as follows:
2-7 (a) The supreme court or a justice of the supreme court may
2-8 issue writs of procedendo and certiorari and all writs of quo
2-9 warranto and mandamus agreeable to the principles of law regulating
2-10 those writs, against a district judge, a court of appeals or a
2-11 judge <justice> of a court of appeals, or any officer of state
2-12 government except the governor, the court of criminal appeals, or a
2-13 judge of the court of criminal appeals.
2-14 SECTION 3. Section 22.007, Government Code, is amended to
2-15 read as follows:
2-16 Sec. 22.007. Application for Writ of Error. (a) The
2-17 supreme court may act on applications for writs of error when the
2-18 court deems it expedient. The supreme court shall pass on an
2-19 application for writ of error in a case in which the judges
2-20 <justices> of the courts of appeals have disagreed or have declared
2-21 void a statute of the state.
2-22 (b) By a written designation recorded in the minutes of the
2-23 supreme court, the chief justice or any two justices of the supreme
2-24 court may designate three judges <justices> of the courts of
2-25 appeals to act on applications for writs of error as provided by
3-1 this section. The designation of judges <justices> of the courts
3-2 of appeals may be changed as often as is advisable by relieving one
3-3 or more of the judges <justices> and designating another or others
3-4 in order to interfere as little as possible with the work of the
3-5 courts of appeals. Only one judge <justice> may be designated to
3-6 serve at any one time from any one of the courts of appeals. The
3-7 power to designate judges <justices> of the courts of appeals to
3-8 act on applications for writs of error may be exercised from time
3-9 to time as long as necessary.
3-10 (c) Designated judges <justices> of the courts of appeals,
3-11 on receiving notice of their designation, shall assemble in Austin
3-12 and act on the applications for writs of error that are referred to
3-13 them, by granting, refusing, or dismissing the applications in
3-14 accordance with the practice of the supreme court. The designated
3-15 judges <justices> may then make orders and give directions
3-16 incidental to the consideration and disposition of each
3-17 application.
3-18 (d) A designated judge <justice> of a court of appeals shall
3-19 not act on an application for writ of error in a case decided
3-20 during the judge's <justice's> incumbency by the court of which he
3-21 is a member.
3-22 (e) The granting of an application for writ of error admits
3-23 the case into the supreme court, and the supreme court shall
3-24 proceed with the case as provided by law. The refusal or dismissal
3-25 of an application has the effect of denying the admission of the
4-1 case into the supreme court, except that a motion for rehearing may
4-2 be made to the designated judges <justices> in the same manner that
4-3 a motion for rehearing to the supreme court is made. The refusal
4-4 or dismissal of an application shall not be regarded as a precedent
4-5 or authority.
4-6 (f) The powers conferred on the justices of the supreme
4-7 court and the judges of the courts of appeals by this section are
4-8 incidental to their respective offices.
4-9 (g) A designated judge <justice> of a court of appeals is
4-10 entitled to the actual and necessary expenses incurred in the
4-11 discharge of his additional duties. The comptroller shall issue
4-12 warrants to pay the expenses out of the state treasury on itemized
4-13 accounts of the expenses that are verified by the affidavit of the
4-14 claimant.
4-15 SECTION 4. Subsections (b), (c), (e), (f), and (j), Section
4-16 22.202, Government Code, are amended to read as follows:
4-17 (b) Harris County shall furnish and equip suitable rooms in
4-18 Houston for the court and the judges <justices> without expense to
4-19 the state.
4-20 (c) The counties other than Harris County composing the
4-21 First and Fourteenth Courts of Appeals Districts shall annually
4-22 reimburse Harris County for the costs incurred by Harris County
4-23 during its previous fiscal year for:
4-24 (1) supplemental salaries and fringe benefits for the
4-25 judges <justices> for those courts; and
5-1 (2) furnishings, equipment, supplies, and utility
5-2 expenses for those courts.
5-3 (e) The Commissioners Court of Harris County shall provide
5-4 each county liable for the expenses with a statement of that
5-5 county's share. The statement must be approved by the chief judges
5-6 <justices> of the courts of appeals of the First and Fourteenth
5-7 Courts of Appeals Districts.
5-8 (f) The First and Fourteenth Courts of Appeals shall
5-9 establish a central clerk's office and offices for judges
5-10 <justices> and other support personnel in Houston. The courts may
5-11 establish offices for the clerks, judges <justices>, and other
5-12 support personnel in other counties in the courts' district as each
5-13 court determines necessary and convenient.
5-14 (j) Each of the judges <justices> on the court of appeals
5-15 shall designate the county of his permanent residence on the
5-16 records of the court in which the judge <justice> serves. The
5-17 county of a judge's <justice's> permanent residence is the judge's
5-18 <justice's> permanent post of duty.
5-19 SECTION 5. Subsections (d) and (g), Section 22.2021,
5-20 Government Code, are amended to read as follows:
5-21 (d) The court costs fee shall be taxed, collected, and paid
5-22 as other court costs in a suit. The clerk of the court shall
5-23 collect the court costs fee set under this section and pay it to
5-24 the county officer who performs the county treasurer's functions.
5-25 That officer shall deposit the fee in a separate appellate justice
6-1 system fund. The commissioners court shall administer the fund to
6-2 maintain the system in cooperation with the chief judge <justice>
6-3 of the courts of appeals. The fund may not be used for any other
6-4 purpose.
6-5 (g) The chief judge <justice> of the courts of appeals, with
6-6 the approval and consent of the commissioners court, shall manage
6-7 the fund.
6-8 SECTION 6. Subsections (c), (e), (f), and (g), Section
6-9 22.203, Government Code, are amended to read as follows:
6-10 (c) The Court of Appeals for the Second Court of Appeals
6-11 District is composed of a chief judge <justice> and of six judges
6-12 <justices> holding places numbered consecutively beginning with
6-13 Place 2.
6-14 (e) A vacancy in the office of judge <justice> or chief
6-15 judge <justice> of the Court of Appeals for the Second Court of
6-16 Appeals District shall be filled by designation of office and, in
6-17 the case of a judge <justice>, by designation of place.
6-18 (f) The court by a majority vote of its members shall
6-19 promulgate rules establishing a seniority system to determine which
6-20 office and place is held by each member of the court. The chief
6-21 judge <justice> shall file the names and place numbers of the court
6-22 members with the secretary of state and the clerk of the court.
6-23 (g) If any additional offices of judges <justices> of the
6-24 court are created, the designation for those offices shall be in
6-25 consecutive numerical order beginning with Place 8. If two or more
7-1 offices of judge <justice> are created to take effect the same
7-2 date, and the legislature does not specify places for those
7-3 offices, the court shall by rule determine places for each office.
7-4 If the court does not determine places before a person is appointed
7-5 or elected to fill the initial vacancy, the places are determined
7-6 by the seniority system established as provided by Subsection (f).
7-7 SECTION 7. Subsection (f), Section 22.2031, Government Code,
7-8 is amended to read as follows:
7-9 (f) The commissioners court shall vest management of the
7-10 system in the chief judge <justice> of the court of appeals. The
7-11 commissioners court has the authority necessary to assist the court
7-12 of appeals in the administration and management of the system and
7-13 to contract with any private corporation, public corporation, or a
7-14 combination of those corporations.
7-15 SECTION 8. Subsections (c) and (f), Section 22.204,
7-16 Government Code, are amended to read as follows:
7-17 (c) The counties other than Travis County composing the
7-18 Third Court of Appeals District shall annually reimburse Travis
7-19 County for the costs incurred by Travis County during its previous
7-20 fiscal year for supplemental salaries and fringe benefits for the
7-21 judges <justices> of that court of appeals.
7-22 (f) The Commissioners Court of Travis County shall provide
7-23 each county liable for the reimbursement with a statement of that
7-24 county's share. The statement must be approved by the chief judge
7-25 <justice> of the Court of Appeals for the Third Court of Appeals
8-1 District.
8-2 SECTION 9. Subsection (c) Section 22.206, Government Code,
8-3 is amended to read as follows:
8-4 (c) The court may establish offices for the clerk, judges
8-5 <justices>, and other support personnel in any county in the
8-6 district and in more than one location in any county in the
8-7 district as the court determines is necessary and convenient.
8-8 SECTION 10. Subsection (f), Section 22.2061, Government
8-9 Code, is amended to read as follows:
8-10 (f) The commissioners court shall vest management of the
8-11 system in the chief judge <justice> of the court of appeals in the
8-12 district.
8-13 SECTION 11. Subsection (b), Section 22.210, Government Code,
8-14 is amended to read as follows:
8-15 (b) The City of Beaumont shall furnish and equip suitable
8-16 rooms for the court and the judges <justices> without expense to
8-17 the state.
8-18 SECTION 12. Subsections (b) and (c), Section 22.211,
8-19 Government Code, are amended to read as follows:
8-20 (b) The City of Waco shall furnish and equip suitable rooms
8-21 for the court and the judges <justices> without expense to the
8-22 state.
8-23 (c) Each of the judges <justices> on the court of appeals
8-24 shall designate the county of his permanent residence on the
8-25 records of the court in which the judge <justice> serves. The
9-1 county of a judge's <justice's> permanent residence is the judge's
9-2 <justice's> permanent post of duty.
9-3 SECTION 13. Subsection (b), Section 22.213, Government Code,
9-4 is amended to read as follows:
9-5 (b) The City of Tyler and Smith County shall furnish and
9-6 equip suitable rooms and a library for the court and the judges
9-7 <justices> without expenses to the state.
9-8 SECTION 14. Subsection (b), Section 22.214, Government Code,
9-9 is amended to read as follows:
9-10 (b) The City of Corpus Christi and Nueces County shall
9-11 furnish and equip suitable rooms and a library for the court and
9-12 the judges <justices> without expense to the state.
9-13 SECTION 15. Subsections (b) and (d), Section 22.215,
9-14 Government Code, are amended to read as follows:
9-15 (b) Harris County shall furnish and equip suitable rooms in
9-16 Houston for the court and the judges <justices> without expense to
9-17 the state.
9-18 (d) Each of the judges <justices> on the court of appeals
9-19 shall designate the county of his permanent residence on the
9-20 records of the court in which the judge <justice> serves. The
9-21 county of a judge's <justice's> permanent residence is the judge's
9-22 <justice's> permanent post of duty.
9-23 SECTION 16. Section 22.216, Government Code, is amended to
9-24 read as follows:
9-25 Sec. 22.216. Membership. (a) The Court of Appeals for the
10-1 First Court of Appeals District consists of a chief judge <justice>
10-2 and eight judges <justices>.
10-3 (b) The Court of Appeals for the Second Court of Appeals
10-4 District consists of a chief judge <justice> and six judges
10-5 <justices>.
10-6 (c) The Court of Appeals for the Third Court of Appeals
10-7 District consists of a chief judge <justice> and five judges
10-8 <justices>.
10-9 (d) The Court of Appeals for the Fourth Court of Appeals
10-10 District consists of a chief judge <justice> and six judges
10-11 <justices>.
10-12 (e) The Court of Appeals for the Fifth Court of Appeals
10-13 District consists of a chief judge <justice> and 12 judges
10-14 <justices>.
10-15 (f) The Court of Appeals for the Sixth Court of Appeals
10-16 District consists of a chief judge <justice> and two judges
10-17 <justices>.
10-18 (g) The Court of Appeals for the Seventh Court of Appeals
10-19 District consists of a chief judge <justice> and three judges
10-20 <justices>.
10-21 (h) The Court of Appeals for the Eighth Court of Appeals
10-22 District consists of a chief judge <justice> and three judges
10-23 <justices>.
10-24 (i) The Court of Appeals for the Ninth Court of Appeals
10-25 District consists of a chief judge <justice> and two judges
11-1 <justices>.
11-2 (j) The Court of Appeals for the Tenth Court of Appeals
11-3 District consists of a chief judge <justice> and two judges
11-4 <justices>.
11-5 (k) The Court of Appeals for the Eleventh Court of Appeals
11-6 District consists of a chief judge <justice> and two judges
11-7 <justices>.
11-8 (l) The Court of Appeals for the Twelfth Court of Appeals
11-9 District consists of a chief judge <justice> and two judges
11-10 <justices>.
11-11 (m) The Court of Appeals for the Thirteenth Court of Appeals
11-12 District consists of a chief judge <justice> and five judges
11-13 <justices>.
11-14 (n) The Court of Appeals for the Fourteenth Court of Appeals
11-15 District consists of a chief judge <justice> and eight judges
11-16 <justices>.
11-17 SECTION 17. Subsection (b), Section 22.219, Government Code,
11-18 is amended to read as follows:
11-19 (b) If a quorum of a court is not present on any day of the
11-20 term, a judge <justice> of the court or the bailiff attending the
11-21 court may adjourn the court from time to time until a quorum is
11-22 present, but the court may not be finally adjourned for the term.
11-23 SECTION 18. Subsection (b), Section 22.220, Government Code,
11-24 is amended to read as follows:
11-25 (b) If a court of appeals having jurisdiction in a case,
12-1 matter, or controversy that requires immediate action is unable to
12-2 take immediate action because the illness, absence, or
12-3 unavailability of the judges <justices> causes fewer than three
12-4 members of the court to be present, the nearest available court of
12-5 appeals, under rules prescribed by the supreme court, may take the
12-6 action required in the case, matter, or controversy.
12-7 SECTION 19. Subsections (a) and (d), Section 22.221,
12-8 Government Code, is amended to read as follows:
12-9 (a) Each court of appeals or a judge <justice> of a court of
12-10 appeals may issue a writ of mandamus and all other writs necessary
12-11 to enforce the jurisdiction of the court.
12-12 (d) Concurrently with the supreme court, the court of
12-13 appeals of a court of appeals district in which a person is
12-14 restrained in his liberty, or a judge <justice> of the court of
12-15 appeals, may issue a writ of habeas corpus when it appears that the
12-16 restraint of liberty is by virtue of an order, process, or
12-17 commitment issued by a court or judge because of the violation of
12-18 an order, judgment, or decree previously made, rendered, or entered
12-19 by the court or judge in a civil case. Pending the hearing of an
12-20 application for a writ of habeas corpus, the court of appeals or a
12-21 judge <justice> of the court of appeals may admit to bail a person
12-22 to whom the writ of habeas corpus may be granted.
12-23 SECTION 20. Subsections (a) and (b), Section 22.222,
12-24 Government Code, is amended to read as follows:
12-25 (a) Each court of appeals may sit in panels of not fewer
13-1 than three judges <justices> for the purpose of hearing cases.
13-2 (b) If more than one panel is used, the court of appeals
13-3 shall establish rules to periodically rotate the judges <justices>
13-4 among the panels. Permanent civil panels and criminal panels
13-5 without rotation may not be established.
13-6 SECTION 21. Subsection (a), Section 22.223, Government Code,
13-7 is amended to read as follows:
13-8 (a) The chief judge <justice> of each court of appeals,
13-9 under rules established by the court, shall convene the court en
13-10 banc for the transaction of all business other than the hearing of
13-11 cases and may convene the court en banc for the purpose of hearing
13-12 cases.
13-13 SECTION 22. Subsection (a), Section 22.225, Government Code,
13-14 is amended to read as follows:
13-15 (c) This section does not deprive the supreme court of
13-16 jurisdiction of a civil case brought to the court of appeals from
13-17 an appealable judgment of a trial court in which the judges
13-18 <justices> of the courts of appeals disagree on a question of law
13-19 material to the decision or in which one of the courts of appeals
13-20 hold differently from a prior decision of another court of appeals
13-21 or of the supreme court, as provided by Subdivisions (1) and (2) of
13-22 Section 22.001(a).
13-23 SECTION 23. Subsections (a), (b), (d), (e), (f), and (g),
13-24 Section 22.228, Government Code, is amended to read as follows:
13-25 (a) The other judges <justices> of a court of appeals shall
14-1 certify to the governor the following facts when they occur:
14-2 (1) a judge <justice> of the court of appeals is
14-3 totally disabled to discharge any of the duties of his office
14-4 because of physical or mental illness that probably is permanent,
14-5 has remained in that condition continuously for at least one year,
14-6 and probably will continue to be incapacitated by the illness for
14-7 the balance of his term of office; or
14-8 (2) a judge <justice> of the court of appeals has been
14-9 called or ordered into the active military service of the United
14-10 States.
14-11 (b) On receipt of a certificate that a judge <justice> is
14-12 disabled or on active military service, the governor shall
14-13 investigate and verify the facts contained in the certificate. If
14-14 the governor determines that the appointment of a special
14-15 commissioner is necessary, the governor <he> promptly shall appoint
14-16 a special commissioner who has the qualifications of a member of a
14-17 court of appeals to assist the court.
14-18 (d) A special commissioner appointed by the governor shall
14-19 receive the same compensation as a regular judge <justice> of the
14-20 courts of appeals.
14-21 (e) A special commissioner who is appointed because of the
14-22 disability of a judge <justice> serves on the court until the
14-23 recovery from the disability, the death, or the expiration of the
14-24 term of the disabled judge <justice>, except that a special
14-25 commissioner may not serve for more than two years under the same
15-1 appointment. In the event of a recovery from the disability, a
15-2 majority of the judges <justices> of the court of appeals shall
15-3 certify to the governor that the disabled judge <justice> is
15-4 recovered. The certificate of a majority of the judges <justices>
15-5 is conclusive evidence of the recovery of the disabled judge
15-6 <justice>.
15-7 (f) A special commissioner who is appointed because a judge
15-8 <justice> is on active military service serves on the court until
15-9 the discharge of the judge <justice> from the military service or
15-10 the expiration of the term of the judge <justice> who is on
15-11 military service, except that a special commissioner may not serve
15-12 more than two years under the same appointment. When the active
15-13 military service of a judge <justice> of a court of appeals is
15-14 terminated, the other judges <justices> of the court shall certify
15-15 the termination to the governor. The certificate of the other
15-16 judges <justices> is conclusive evidence of the termination of the
15-17 active military service.
15-18 (g) This section does not give the members of a court of
15-19 appeals or the governor the power to remove or suspend from office
15-20 a judge <justice> of a court of appeals or to interfere with a
15-21 judge <justice> in his constitutional rights and powers.
15-22 SECTION 24. Subchapter C, Chapter 22, Government Code, is
15-23 amended by adding Section 22.229 to read as follows:
15-24 Sec. 22.229. Reference to Justice. A reference in state
15-25 law to a justice or a chief justice of a court of appeals means a
16-1 judge or chief judge of a court of appeals.
16-2 SECTION 25. Section 31.001, Government Code, is amended to
16-3 read as follows:
16-4 Sec. 31.001. Authority for County Payment of Compensation.
16-5 The commissioners courts in the counties of each of the 14 courts
16-6 of appeals districts may pay an amount not to exceed $15,000 a year
16-7 to each of the judges <justices> of the courts of appeals residing
16-8 within the court of appeals district that includes those counties.
16-9 The payment is for all judicial and administrative services
16-10 performed by the judges <justices>.
16-11 SECTION 26. Section 31.002, Government Code, is amended to
16-12 read as follows:
16-13 Sec. 31.002. Compensation Additional. The compensation
16-14 authorized by Section 31.001 is in addition to the compensation
16-15 provided by law and paid by the state to the judges <justices> of
16-16 the courts of appeals.
16-17 SECTION 27. Section 31.003, Government Code, is amended to
16-18 read as follows:
16-19 Sec. 31.003. Limitations. (a) The total of additional
16-20 compensation authorized by this chapter to be paid to the
16-21 individual judges <justices> of a court of appeals district may not
16-22 exceed the total additional compensation authorized to be paid to
16-23 any district judge residing within the same court of appeals
16-24 district.
16-25 (b) The combined salary of each judge <associate justice>
17-1 and chief judge <justice> of the courts of appeals is subject to
17-2 the salary differentials provided by Chapter 46, Acts of the 59th
17-3 Legislature, Regular Session, 1965 (Article 6813b, Vernon's Texas
17-4 Civil Statutes).
17-5 SECTION 28. Subsections (b) and (c), Section 33.004,
17-6 Government Code, is amended to read as follows:
17-7 (b) A special master who is an active district judge or
17-8 judge <justice> of the court of appeals is entitled to a per diem
17-9 of $25 for each day or part of a day that the person spends in the
17-10 performance of the duties of special master. The per diem is in
17-11 addition to other compensation and expenses authorized by law.
17-12 (c) A special master who is a retired judge of a district
17-13 court or the court of criminal appeals or a retired judge <justice>
17-14 of <a court of appeals or> the supreme court is entitled to a per
17-15 diem of $25 for each day or part of a day that the person spends in
17-16 the performance of the duties of special master. In addition, the
17-17 special master is entitled to an amount equal to the difference
17-18 between the retirement benefits that the person receives as a
17-19 retired judge or justice and the compensation that the state pays
17-20 an active judge or justice of the court from which the person
17-21 retired. The per diem and compensation under this subsection is in
17-22 addition to the retirement benefits to which the person is
17-23 entitled.
17-24 SECTION 29. Subsection (c), Section 33.034, Government Code,
17-25 is amended to read as follows:
18-1 (c) Not later than the 10th day after the chief justice
18-2 receives the written request, the chief justice shall select by lot
18-3 the court of review. The court of review is composed of three
18-4 court of appeals judges <justices>, other than a judge <justice>
18-5 serving in a court of appeals district in which the judge
18-6 petitioning for review of the commission's order serves and other
18-7 than a judge <justice> serving on the commission. The chief
18-8 justice shall notify the petitioner and the commission of the
18-9 identities of the judges <justices> appointed to the court and of
18-10 the date of their appointment. Service on the court shall be
18-11 considered a part of the official duties of a judge <justice>, and
18-12 no additional compensation may be paid for the service.
18-13 SECTION 30. Subsection (c), Section 51.205, Government Code,
18-14 is amended to read as follows:
18-15 (c) The clerk may present the plan in writing to the judges
18-16 <justices> of the court of appeals. If a majority of the judges
18-17 <justices> determine that the plan meets the requirements of
18-18 Subsection (b), they shall inform the clerk in writing and the
18-19 clerk may adopt the plan. The decision of the judges <justices>
18-20 must be entered in the minutes of the court.
18-21 SECTION 31. Subsections (a) and (b), Section 71.012,
18-22 Government Code, are amended to read as follows:
18-23 (a) The ex officio members are:
18-24 (1) the chief justice of Texas <the supreme court>;
18-25 (2) the presiding judge of the court of criminal
19-1 appeals;
19-2 (3) the chairman of the Senate Jurisprudence
19-3 Committee;
19-4 (4) the immediate past chairman of the Senate
19-5 Jurisprudence Committee;
19-6 (5) the chairman of the House Judicial Affairs
19-7 <Judiciary> Committee;
19-8 (6) the immediate past chairman of the House Judicial
19-9 Affairs <Judiciary> Committee;
19-10 (7) two judges <justices> of the courts of appeals
19-11 designated by the governor; and
19-12 (8) two presiding judges of the administrative
19-13 judicial regions designated by the governor.
19-14 (b) If the chairman of the Senate Jurisprudence Committee or
19-15 House Judicial Affairs <Judiciary> Committee is reappointed as
19-16 chairman, his or her immediate predecessor shall continue to serve
19-17 on the council as immediate past chairman.
19-18 SECTION 32. Subsection (b), Section 71.013, Government Code,
19-19 are amended to read as follows:
19-20 (b) Judges <Justices> of the courts of appeals and presiding
19-21 judges of the administrative judicial regions are members of the
19-22 council for staggered terms of four years with one court of appeals
19-23 judge's <justice's> and one presiding judge's term expiring on
19-24 February 1 of each odd-numbered year.
19-25 SECTION 33. Subsections (a), (c), and (d), Section 73.003,
20-1 Government Code, are amended to read as follows:
20-2 (a) Except as provided by Subsection (b), the judges
20-3 <justices> of the courts of appeals to which a case is transferred
20-4 shall hear oral argument, after due notice to the parties or their
20-5 attorneys, at the place from which the case is originally
20-6 transferred.
20-7 (c) If a case is transferred to a court that regularly sits
20-8 not more than 35 miles from the place the court from which the case
20-9 was transferred regularly sits, the court, at the discretion of its
20-10 chief judge <justice> and after notice to the parties or their
20-11 counsel, may hear oral arguments at the place it regularly sits.
20-12 For purposes of this subsection, the place where a court of appeals
20-13 regularly sits is that specified in Subchapter C, Chapter 22, and
20-14 the mileage between the places is that determined by the
20-15 comptroller under Subsection c, Section 6, Travel Regulations Act
20-16 of 1959 (Article 6823a, Vernon's Texas Civil Statutes).
20-17 (d) The actual and necessary traveling and living expenses
20-18 of the judges <justices> in hearing an oral argument at the place
20-19 from which the case is transferred shall be paid by the state from
20-20 funds appropriated for that purpose.
20-21 SECTION 34. Subsection (a), Section 74.003, Government Code,
20-22 is amended to read as follows:
20-23 (a) The chief justice of the supreme court may temporarily
20-24 assign a judge <justice> of a court of appeals to another court of
20-25 appeals regardless of whether a vacancy exists in the court of
21-1 appeals to which the judge <justice> is assigned.
21-2 SECTION 35. Subsection (a)(5), Section 74.054, Government
21-3 Code, is amended to read as follows:
21-4 (5) an active court of appeals judge <justice> who has
21-5 had trial court experience.
21-6 SECTION 36. Subsection (b), Section 74.060, Government Code,
21-7 is amended to read as follows:
21-8 (b) An active court of appeals judge <justice> may not be
21-9 assigned in one year as a visiting judge for more than four cases.
21-10 SECTION 37. Subsection (g), Section 74.061, Government Code,
21-11 is amended to read as follows:
21-12 (g) An active court of appeals judge <justice> assigned
21-13 under this subchapter is not entitled to receive any additional
21-14 compensation for serving as a visiting judge. If the judge
21-15 <justice> is assigned to a court outside his own court of appeals
21-16 district, the judge <justice> is entitled to receive actual
21-17 expenses in going to and returning from assignment and actual
21-18 living expenses while in the performance of duties under the
21-19 assignment. The county in which the duties are performed shall pay
21-20 the expenses out of the county's general fund on accounts certified
21-21 and approved by the presiding judge of the administrative region
21-22 for that county.
21-23 SECTION 38. Subsections (d) and (h), Section 52.092,
21-24 Election Code, are amended to read as follows:
21-25 (d) District offices of the state government shall be listed
22-1 in the following order:
22-2 (1) member, State Board of Education;
22-3 (2) state senator;
22-4 (3) state representative;
22-5 (4) chief judge <justice>, court of appeals;
22-6 (5) judge <justice>, court of appeals;
22-7 (6) district judge;
22-8 (7) criminal district judge;
22-9 (8) family district judge;
22-10 (9) district attorney;
22-11 (10) criminal district attorney.
22-12 (h) The secretary of state shall assign a place number to
22-13 each position to be filled at the general election for state and
22-14 county officers for each full or unexpired term in the following
22-15 offices:
22-16 (1) justice, supreme court
22-17 (2) judge, court of criminal appeals; and
22-18 (3) judge <justice>, court of appeals in a court
22-19 having a membership in excess of three, if distinguishing the
22-20 positions to be filled is necessary.
22-21 SECTION 39. Subsection (a), Section 172.024, Election Code,
22-22 is amended to read as follows:
22-23 (a) The filing fee for a candidate for nomination in the
22-24 general primary election is as follows:
22-25 (1) United States senator...................... $4,000
23-1 (2) office elected statewide, except United States
23-2 senator...................................................... 3,000
23-3 (3) United States representative................ 2,500
23-4 (4) state senator............................... 1,000
23-5 (5) state representative.......................... 600
23-6 (6) member, State Board of Education.............. 250
23-7 (7) chief judge <justice> or judge <justice>, court of
23-8 appeals, other than a judge <justice> specified by Subdivision (8)
23-9 ............................................................. 1,500
23-10 (8) chief judge <justice> or judge <justice> of a
23-11 court of appeals that serves a court of appeals district in which a
23-12 county with a population of more than 850,000 is wholly or partly
23-13 situated..................................................... 2,000
23-14 (9) district judge or judge specified by Section
23-15 52.092(d) for which this schedule does not otherwise prescribe a
23-16 fee.......................................................... 1,200
23-17 (10) district or criminal district judge of a court in
23-18 a judicial district wholly contained in a county with a population
23-19 of more than 850,000......................................... 2,000
23-20 (11) judge, statutory county court, other than a judge
23-21 specified by Subdivision (12)................................ 1,200
23-22 (12) judge of a statutory county court in a county
23-23 with a population of more than 850,000....................... 2,000
23-24 (13) district attorney, criminal district attorney, or
23-25 county attorney performing the duties of a district attorney. 1,000
24-1 (14) county commissioner or judge, constitutional
24-2 county court:
24-3 (A) county with a population of 200,000 or more
24-4 ............................................................. 1,000
24-5 (B) county with a population of under 200,000
24-6 ............................................................... 600
24-7 (15) justice of the peace or constable:
24-8 (A) county with a population of 200,000 or more
24-9 ............................................................... 800
24-10 (B) county with a population of under 200,000
24-11 ............................................................... 300
24-12 (16) county surveyor, inspector of hides and animals,
24-13 or public weigher............................................... 50
24-14 (17) office of the county government for which this
24-15 schedule does not otherwise prescribe a fee.................... 600
24-16 SECTION 40. Article 5961, Revised Civil Statutes of Texas,
24-17 1925, is amended to read as follows:
24-18 Article 5961. By impeachment
24-19 The Governor, Lieutenant Governor, Secretary of State,
24-20 Attorney General, State Treasurer, Commissioner of the General Land
24-21 Office, Comptroller, Commissioner of Insurance, Banking
24-22 Commissioner, Justices of the Supreme Court, Judges of the Court of
24-23 Criminal Appeals, Judges <Justices> of the Courts of Appeals,
24-24 Judges of the district courts, Judges of the criminal district
24-25 courts, and all other State officers and heads of State departments
25-1 or institutions of any kind, and all members, regents, trustees,
25-2 commissioners having control or management of any State institution
25-3 or enterprise, shall be removed from office or position by
25-4 impeachment in the manner provided in the Constitution and in this
25-5 title, the remedy by impeachment as herein provided for being
25-6 cumulative of all other remedies with respect to the impeachment or
25-7 removal of public officers.
25-8 SECTION 41. Article 5964, Revised Civil Statutes of Texas,
25-9 1925, is amended to read as follows:
25-10 Art. 5964. Removed by address
25-11 The justices of the Supreme Court, judges of the Court of
25-12 Criminal Appeals, judges <justices> of the Courts of Appeals,
25-13 judges of the district courts and judges of the criminal district
25-14 courts, the Commissioner of Agriculture, Commissioner of Insurance,
25-15 and Banking Commissioner shall be removed from office by the
25-16 Governor on the address of two-thirds of each house of the
25-17 Legislature, for wilful neglect of duty, incompetency, habitual
25-18 drunkenness, oppression in office, breach of trust, or other
25-19 reasonable cause which shall not be sufficient ground for
25-20 impeachment. The cause for such removal shall be stated at length
25-21 in such address, and entered on the journals of each house. The
25-22 officer so intended to be removed shall have notice of the cause
25-23 assigned for his removal, and shall be admitted to a hearing in his
25-24 own defense before any vote for such address shall be heard. The
25-25 vote in all such cases shall be taken by yeas and nays and entered
26-1 on the journals of each house respectively.
26-2 SECTION 42. Section 3(a), Chapter 48, General Laws of Texas,
26-3 Acts of the 44th Legislature, Regular Session, 1935 (Article 6813b,
26-4 Vernon's Texas Civil Statutes), is amended to read as follows:
26-5 Sec. 3. (a) Judges <Justices>, other than the chief judges
26-6 <justices>, of the Courts of Appeals of the State of Texas shall
26-7 each be paid by the State an annual salary that is $ 1,000 <five
26-8 percent> less than the salary provided in the General
26-9 Appropriations Act for a justice of the Supreme Court of Texas.
26-10 The chief judge <justice> of each Court of Appeals shall be paid by
26-11 the State an annual salary that is $500 more than the salary
26-12 provided for the other judges <justices> of the Courts of Appeals.
26-13 <The combined salary of each of the other justices of the Courts of
26-14 Appeals from all State and county sources may not exceed the amount
26-15 that is $1,000 less than the salary provided for a justice of the
26-16 Supreme Court, and in the case of the chief justices of the Courts
26-17 of Appeals, the differential shall be $500 less than the salary
26-18 provided for a justice of the Supreme Court.>
26-19 SECTION 43. This Act takes effect January 1, 1994.
26-20 SECTION 44. The importance of this legislation and the
26-21 crowded condition of the calendars in both houses create an
26-22 emergency and an imperative public necessity that the
26-23 constitutional rule requiring bills to be read on three several
26-24 days in each house be suspended, and this rule is hereby suspended,
26-25 and that this Act take effect and be in force from and after its
27-1 passage, and it is so enacted.