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.

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