75R11018 MLS-F                          

         By Zaffirini                                           S.B. No. 263

         Substitute the following for S.B. No. 263:

         By Shields                                         C.S.S.B. No. 263

                                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 costs and expenses incurred by the county

1-16     under Section 22.205.

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.  The commissioners court shall reduce the amount of

1-21     the court costs fee by 50 cents for each $100,000 of special

1-22     appropriations made by the legislature each fiscal biennium for the

1-23     specific purpose of reducing the amount of the court costs fee

1-24     established under this section.

 2-1           (c)  The court costs fee does not apply to a suit filed by

 2-2     the county or to a suit for delinquent taxes.

 2-3           (d)  The court costs fee shall be taxed, collected, and paid

 2-4     as other court costs in a suit.  The clerk of the court shall

 2-5     collect the court costs fee set under this section and pay it to

 2-6     the county officer who performs the county treasurer's functions.

 2-7     That officer shall deposit the fee in a separate appellate judicial

 2-8     system fund.  The commissioners court shall administer the fund to

 2-9     establish and maintain a fund system to assist the court of appeals

2-10     in the district.  The fund may not be used for any other purpose.

2-11           (e)  The commissioners court shall monthly order the funds

2-12     collected under this section to be forwarded to the court of

2-13     appeals for expenditure by the court of appeals for its judicial

2-14     system.

2-15           (f)  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.