PMWJ C.S.S.B. 263 75(R)BILL ANALYSIS JUDICIAL AFFAIRS S.B. 263 By: Zaffirini, et.al. (Cuellar/Shields) 4-2-97 By: Shields 4-2-97 Committee Report (Substituted) BACKGROUND Currently, Texas law authorizes or requires commissioners courts in several regions of the state to create appellate judicial systems. This bill would establish an appellate judicial system within the Fourth Court of Appeals District, which is composed of the following counties: Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, LaSalle, McMullen, Mason, Maverick, Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb, Wilson, Zapata, and Zavala. In addition, S.B. 263 would provide additional funds for the operation of the Fourth Court of Appeals by adding a $5 fee to the cost of filing a civil suit, except for a suit filed by the county or for a suit for delinquent taxes. PURPOSE This bill requires the commissioners court of each county in the Fourth Court of Appeals District to establish an appellate judicial system to assist the court of appeals and defray certain costs incurred by the county. In addition, this bill sets forth requirements regarding the funding and management for the appellate judicial system. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. The commissioners court of each county in the Fourth Court of Appeals District is required to establish an appellate judicial system, by order entered in its minutes, under SECTION 1 (Section 22.2051(a), Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 22C, Government Code, by adding Section 22.2051, as follows: Sec. 22.2051. APPELLATE JUDICIAL SYSTEM. Subsec. (a) requires the commissioners court of each county in the Fourth Court of Appeals District by order entered in its minutes to establish an appellate judicial system to assist the court of appeals in processing appeals filed with the court of appeals from the county courts, county courts at law, probate courts, and district courts, and to defray costs and expenses incurred by the county. Subsec. (b) requires the commissioners court, in order to fund the system, to set a court costs fee of not more than $5 for each civil suit filed in the county court, county court at law, probate court, or district court in the county. The commissioners court is required to reduce the court costs fee by 50 cents for each $100,000 of special appropriations made by the legislature each fiscal biennium for the specific purpose of reducing the court costs fee. Subsec. (c) provides that the court costs fee does not apply to a suit filed by the county or to a suit for delinquent taxes. Subsec. (d) Requires the court costs fee to be taxed, collected, and paid as other court costs in a suit. Requires the court clerk to collect the fee and pay it to the county officer who performs the county treasurer's functions. Requires that officer to deposit the fee in a separate appellate judicial system fund. Requires the commissioners court to administer the fund to establish and maintain a fund system to assist the court of appeals in the district. Prohibits the fund from being used for any other purpose. Subsec. (e) Requires the commissioners court to monthly order the funds collected to be forwarded to the court of appeals for expenditure by the court for its judicial system. Subsec. (f) Requires the commissioners court to vest management of the system in the chief justice of the court of appeals SECTION 2. Effective date. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds language to new Gov't Code ' 22.2051(b) to require the commissioners court to reduce the court costs fee by 50 cents for each $100,000 of special appropriations made by the legislature each fiscal biennium for the specific purpose of reducing the court costs fee. This provision was not in the original bill.