AN ACT

 1-1     relating to the creation of an appellate judicial system for the

 1-2     Fourth Court of Appeals District.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter C, Chapter 22, Government Code, is

 1-5     amended by adding Section 22.2051 to read as follows:

 1-6           Sec. 22.2051.  APPELLATE JUDICIAL SYSTEM.  (a)  The

 1-7     commissioners court of each county in the Fourth Court of Appeals

 1-8     District, by order entered in its minutes, shall establish an

 1-9     appellate judicial system to:

1-10                 (1)  assist the court of appeals for the county in the

1-11     processing of appeals filed with the court of appeals from the

1-12     county courts, county courts at law, probate courts, and district

1-13     courts; and

1-14                 (2)  defray costs and expenses incurred by the county

1-15     under Section 22.205.

1-16           (b)  To fund the system, the commissioners court shall set a

1-17     court costs fee of not more than $5 for each civil suit filed in

1-18     county court, county court at law, probate court, or district court

1-19     in the county.

1-20           (c)  The court costs fee does not apply to a suit filed by

1-21     the county or to a suit for delinquent taxes.

1-22           (d)  The court costs fee shall be taxed, collected, and paid

1-23     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 judicial

 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 monthly 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 shall vest management of the

2-12     system in the chief justice of the court of appeals.

2-13           SECTION 2.  This Act takes effect September 1, 1997.

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.

                                                                S.B. No. 263

         ________________________________   ________________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 263 passed the Senate on

         February 19, 1997, by a viva-voce vote; April 23, 1997, Senate

         refused to concur in House amendment and requested appointment of

         Conference Committee; April 29, 1997, House granted request of the

         Senate; May 7, 1997, Senate adopted Conference Committee Report by

         a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 263 passed the House, with

         amendments, on April 18, 1997, by a non-record vote;

         April 29, 1997, House granted request of the Senate for appointment

         of Conference Committee; May 6, 1997, House adopted Conference

         Committee Report by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         ________________________________

                      Date

         ________________________________

                    Governor