By Cuellar H.B. No. 698
75R3694 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an appellate judicial system for the
1-3 Fourth Court of Appeals District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 22, Government Code, is
1-6 amended by adding Section 22.2051 to read as follows:
1-7 Sec. 22.2051. APPELLATE JUDICIAL SYSTEM. (a) The
1-8 commissioners court of each county in the Fourth Court of Appeals
1-9 District, by order entered in its minutes, shall establish an
1-10 appellate judicial system to:
1-11 (1) assist the court of appeals for the county in the
1-12 processing of appeals filed with the court of appeals from the
1-13 county courts, county courts at law, probate courts, and district
1-14 courts; and
1-15 (2) defray the costs and expenses of furnishings,
1-16 equipment, supplies, and utility expenses for the court of appeals.
1-17 (b) To fund the system, the commissioners court shall set a
1-18 court costs fee of not more than $5 for each civil suit filed in
1-19 county court, county court at law, probate court, or district court
1-20 in the county.
1-21 (c) The court costs fee does not apply to a suit filed by
1-22 the county or to a suit for delinquent taxes.
1-23 (d) The court costs fee shall be taxed, collected, and paid
1-24 as other court costs in a suit. The clerk of the court shall
2-1 collect the court costs fee set under this section and pay it to
2-2 the county officer who performs the county treasurer's functions.
2-3 That officer shall deposit the fee in a separate appellate justice
2-4 system fund. The commissioners court shall administer the fund to
2-5 establish and maintain a fund system to assist the court of appeals
2-6 in the district. The fund may not be used for any other purpose.
2-7 (e) The commissioners court shall annually order the funds
2-8 collected under this section to be forwarded to the court of
2-9 appeals for expenditure by the court of appeals for its judicial
2-10 system.
2-11 (f) The commissioners court has the authority necessary to
2-12 assist the court of appeals in the administration and management of
2-13 the system and to contract with a private corporation, a public
2-14 corporation, or a combination of those corporations.
2-15 (g) The commissioners court shall vest management of the
2-16 system in the chief justice of the court of appeals.
2-17 SECTION 2. This Act takes effect September 1, 1997.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.