1-1 AN ACT
1-2 relating to the operation of the Court of Appeals for the
1-3 Thirteenth Court of Appeals District and the creation of an
1-4 appellate judicial system for the district.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 22.214, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 22.214. THIRTEENTH COURT OF APPEALS. (a) The Court of
1-9 Appeals for the Thirteenth Court of Appeals District shall be held
1-10 in the City of Corpus Christi and the City of Edinburg.
1-11 (b) [The City of Corpus Christi and] Nueces County shall
1-12 furnish and equip suitable rooms in the City of Corpus Christi and
1-13 Hidalgo County shall furnish and equip suitable rooms in the City
1-14 of Edinburg [and a library] for the court and the justices without
1-15 expense to the state.
1-16 (c) The court may transact its business at the county seat
1-17 of any county in the district as the court determines is necessary
1-18 and convenient, except that:
1-19 (1) all cases originating in Nueces County shall be
1-20 heard and transacted in Nueces County [that county]; and
1-21 (2) all cases originating in Cameron, Hidalgo, or
1-22 Willacy County shall be heard and transacted in Cameron, [or]
1-23 Hidalgo, or Willacy County.
1-24 (d) The commissioners courts of the counties in the district
2-1 by adopting concurrent orders may authorize the payment of an
2-2 automobile allowance in an amount not to exceed $15,000 annually to
2-3 each of the justices of the court for automobile expenses incurred
2-4 in performing official duties.
2-5 (e) The automobile allowance authorized by Subsection (d) is
2-6 not subject to:
2-7 (1) the limitations on additional compensation paid to
2-8 a justice of a court of appeals district imposed by Section 31.003;
2-9 or
2-10 (2) the salary differentials provided by Subchapter B,
2-11 Chapter 659.
2-12 (f) Nueces County shall each fiscal year pay the total
2-13 amount of the supplemental salaries, car allowances, and fringe
2-14 benefits to the justices of the court. Each county composing the
2-15 district, except Nueces County, shall annually reimburse Nueces
2-16 County for that county's portion of the total amount paid under
2-17 this subsection by Nueces County during the preceding fiscal year.
2-18 Each county in the district, including Nueces County, is liable for
2-19 a share of the total amount paid, based on the proportion that
2-20 county's population bears to the total population of all the
2-21 counties in the district.
2-22 (g) The Commissioners Court of Nueces County shall provide
2-23 to each county liable for the reimbursement under Subsection (f) a
2-24 statement of that county's share. The statement must be approved
2-25 by the chief justice of the Court of Appeals for the Thirteenth
2-26 Court of Appeals District. A county shall pay its share of the
2-27 reimbursement not later than the 60th day after the beginning of
3-1 the county's fiscal year.
3-2 SECTION 2. Subchapter C, Chapter 22, Government Code, is
3-3 amended by adding Section 22.2141 to read as follows:
3-4 Sec. 22.2141. APPELLATE JUDICIAL SYSTEM. (a) The
3-5 commissioners court of each county in the Thirteenth Court of
3-6 Appeals District, by order entered in its minutes, shall establish
3-7 an appellate judicial system to:
3-8 (1) assist the court of appeals for the county in the
3-9 processing of appeals filed with the court of appeals from the
3-10 county courts, county courts at law, probate courts, and district
3-11 courts; and
3-12 (2) defray costs and expenses incurred by the county
3-13 under Section 22.214.
3-14 (b) To fund the system, the commissioners court shall set a
3-15 court costs fee of not more than $5 for each civil suit filed in a
3-16 county court, county court at law, probate court, or district court
3-17 in the county.
3-18 (c) The court costs fee does not apply to a suit filed by
3-19 the county or to a suit for delinquent taxes.
3-20 (d) The court costs fee shall be taxed, collected, and paid
3-21 as other court costs in a suit. The clerk of the court shall
3-22 collect the court costs fee set under this section and pay it to
3-23 the county officer who performs the county treasurer's functions.
3-24 That officer shall deposit the fee in a separate appellate judicial
3-25 system fund. The commissioners court shall administer the fund to
3-26 accomplish the purposes described by Subsection (a). The fund may
3-27 not be used for any other purpose.
4-1 (e) Not later than the 91st day of each county fiscal year,
4-2 the commissioners court shall order the balance remaining in the
4-3 appellate judicial system fund at the close of the previous fiscal
4-4 year to be forwarded to the court of appeals for expenditure by the
4-5 court of appeals for the court's judicial system.
4-6 (f) The commissioners court shall vest management of the
4-7 system in the chief justice of the court of appeals in the
4-8 district.
4-9 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3174 was passed by the House on
April 20, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3174 was passed by the Senate on
May 22, 2001, by the following vote: Yeas 30, Nays 0, 1 present,
not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor