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.