Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Zaffirini                                S.B. No. 263

                                A BILL TO BE ENTITLED

                                       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, statutory county courts, probate courts, and

1-13     district 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, statutory county court, probate court, or district

1-19     court 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 establish and maintain

 2-5     the fund to assist the court of appeals district.  The fund may not

 2-6     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 shall vest management of the

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

2-13     commissioners court has the authority necessary to assist the court

2-14     of appeals in the administration and management of the system and

2-15     to contract with any private corporation, public corporation, or a

2-16     combination of these corporations.

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.