HBA-KMH H.B. 1313 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1313
By: Zbranek
Judicial Affairs
2/23/1999
Introduced



BACKGROUND AND PURPOSE 

In fiscal year 1998, the Texas Supreme Court ordered the transfer of 88
cases to other courts of appeals.  During that time the Ninth Court of
Appeals District (Ninth) had 613 cases filed for an average of 204.3 cases
per justice, which is higher than the state average of 156.3 cases per
justice. By moving Montgomery County out of the Ninth into the First Court
of Appeals District (First) and Fourteenth Court of Appeals District
(Fourteenth), the average number of cases per judge in the Ninth is
decreased by 86 cases.  H.B. 1313 restructures three court of appeals
districts by placing Montgomery County in the First and Fourteenth and
Chambers and Trinity counties in the Ninth. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.201(b), (j) and (o), Government Code, to
place Montgomery County in the First Court of Appeals District (First) and
Fourteenth Court of Appeals District (Fourteenth), rather than the Ninth
Court of Appeals District (Ninth), and to place Chambers and Trinity
counties in the Ninth, rather than the First and Fourteenth. 

SECTION 2.  Sets forth that this Act does not affect the jurisdiction on
appeal of any case from a county that is transferred by this Act to a
different court of appeals district if the transcripts for the case were
filed before the effective date of this Act in the appropriate court of
appeals districts. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.