By Shapiro S.B. No. 686
75R5593 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appellate judicial system for the Fifth Court of
1-3 Appeals District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.2061, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 22.2061. APPELLATE JUDICIAL SYSTEM. (a) The
1-8 commissioners court of each county in the Fifth 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 court, 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 22.206.
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.
1-21 (c) The court costs fee does not apply to a suit filed by
1-22 the county or to a suit for delinquent taxes.
1-23 (d) The court costs fee shall be taxed, collected, and paid
1-24 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 justice
2-4 system fund. The commissioners court shall [administer the fund
2-5 to] establish and maintain the [a] fund [system] to assist the
2-6 court of appeals in the district. The fund may not be used for any
2-7 other purpose.
2-8 (e) The commissioners court shall annually order the funds
2-9 collected under this section to be forwarded to the court of
2-10 appeals for expenditure by the court of appeals for its judicial
2-11 system.
2-12 (f) The commissioners court has the authority necessary to
2-13 assist the court of appeals in the administration of the system and
2-14 the system's judicial and staff education program, including the
2-15 authority to contract with any private nonprofit corporation,
2-16 public corporation, or a combination of those corporations.
2-17 (g) [(f)] The commissioners court shall vest management of
2-18 the system in the chief justice of the court of appeals in the
2-19 district.
2-20 SECTION 2. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.