1-1 By: Zaffirini S.B. No. 263 1-2 (In the Senate - Filed January 21, 1997; January 23, 1997, 1-3 read first time and referred to Committee on Finance; 1-4 February 12, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 13, Nays 0; 1-6 February 12, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 263 By: Zaffirini 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of an appellate judicial system for the 1-11 Fourth Court of Appeals District. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter C, Chapter 22, Government Code, is 1-14 amended by adding Section 22.2051 to read as follows: 1-15 Sec. 22.2051. APPELLATE JUDICIAL SYSTEM. (a) The 1-16 commissioners court of each county in the Fourth Court of Appeals 1-17 District, by order entered in its minutes, shall establish an 1-18 appellate judicial system to: 1-19 (1) assist the court of appeals for the county in the 1-20 processing of appeals filed with the court of appeals from the 1-21 county courts, county courts at law, probate courts, and district 1-22 courts; and 1-23 (2) defray costs and expenses incurred by the county 1-24 under Section 22.205. 1-25 (b) To fund the system, the commissioners court shall set a 1-26 court costs fee of not more than $5 for each civil suit filed in 1-27 county court, county court at law, probate court, or district court 1-28 in the county. 1-29 (c) The court costs fee does not apply to a suit filed by 1-30 the county or to a suit for delinquent taxes. 1-31 (d) The court costs fee shall be taxed, collected, and paid 1-32 as other court costs in a suit. The clerk of the court shall 1-33 collect the court costs fee set under this section and pay it to 1-34 the county officer who performs the county treasurer's functions. 1-35 That officer shall deposit the fee in a separate appellate justice 1-36 system fund. The commissioners court shall administer the fund to 1-37 establish and maintain a fund system to assist the court of appeals 1-38 in the district. The fund may not be used for any other purpose. 1-39 (e) The commissioners court shall monthly order the funds 1-40 collected under this section to be forwarded to the court of 1-41 appeals for expenditure by the court of appeals for its judicial 1-42 system. 1-43 (f) The commissioners court has the authority necessary to 1-44 assist the court of appeals in the administration and management of 1-45 the system and to contract with a private corporation, a public 1-46 corporation, or a combination of those corporations. 1-47 (g) The commissioners court shall vest management of the 1-48 system in the chief justice of the court of appeals. 1-49 SECTION 2. This Act takes effect September 1, 1997. 1-50 SECTION 3. The importance of this legislation and the 1-51 crowded condition of the calendars in both houses create an 1-52 emergency and an imperative public necessity that the 1-53 constitutional rule requiring bills to be read on three several 1-54 days in each house be suspended, and this rule is hereby suspended. 1-55 * * * * *