1-1 By: Solis (Senate Sponsor - Truan) H.B. No. 3174
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 10, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the operation of the Court of Appeals for the
1-9 Thirteenth Court of Appeals District and the creation of an
1-10 appellate judicial system for the district.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 22.214, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 22.214. THIRTEENTH COURT OF APPEALS. (a) The Court of
1-15 Appeals for the Thirteenth Court of Appeals District shall be held
1-16 in the City of Corpus Christi and the City of Edinburg.
1-17 (b) [The City of Corpus Christi and] Nueces County shall
1-18 furnish and equip suitable rooms in the City of Corpus Christi and
1-19 Hidalgo County shall furnish and equip suitable rooms in the City
1-20 of Edinburg [and a library] for the court and the justices without
1-21 expense to the state.
1-22 (c) The court may transact its business at the county seat
1-23 of any county in the district as the court determines is necessary
1-24 and convenient, except that:
1-25 (1) all cases originating in Nueces County shall be
1-26 heard and transacted in Nueces County [that county]; and
1-27 (2) all cases originating in Cameron, Hidalgo, or
1-28 Willacy County shall be heard and transacted in Cameron, [or]
1-29 Hidalgo, or Willacy County.
1-30 (d) The commissioners courts of the counties in the district
1-31 by adopting concurrent orders may authorize the payment of an
1-32 automobile allowance in an amount not to exceed $15,000 annually to
1-33 each of the justices of the court for automobile expenses incurred
1-34 in performing official duties.
1-35 (e) The automobile allowance authorized by Subsection (d) is
1-36 not subject to:
1-37 (1) the limitations on additional compensation paid to
1-38 a justice of a court of appeals district imposed by Section 31.003;
1-39 or
1-40 (2) the salary differentials provided by Subchapter B,
1-41 Chapter 659.
1-42 (f) Nueces County shall each fiscal year pay the total
1-43 amount of the supplemental salaries, car allowances, and fringe
1-44 benefits to the justices of the court. Each county composing the
1-45 district, except Nueces County, shall annually reimburse Nueces
1-46 County for that county's portion of the total amount paid under
1-47 this subsection by Nueces County during the preceding fiscal year.
1-48 Each county in the district, including Nueces County, is liable for
1-49 a share of the total amount paid, based on the proportion that
1-50 county's population bears to the total population of all the
1-51 counties in the district.
1-52 (g) The Commissioners Court of Nueces County shall provide
1-53 to each county liable for the reimbursement under Subsection (f) a
1-54 statement of that county's share. The statement must be approved
1-55 by the chief justice of the Court of Appeals for the Thirteenth
1-56 Court of Appeals District. A county shall pay its share of the
1-57 reimbursement not later than the 60th day after the beginning of
1-58 the county's fiscal year.
1-59 SECTION 2. Subchapter C, Chapter 22, Government Code, is
1-60 amended by adding Section 22.2141 to read as follows:
1-61 Sec. 22.2141. APPELLATE JUDICIAL SYSTEM. (a) The
1-62 commissioners court of each county in the Thirteenth Court of
1-63 Appeals District, by order entered in its minutes, shall establish
1-64 an appellate judicial system to:
2-1 (1) assist the court of appeals for the county in the
2-2 processing of appeals filed with the court of appeals from the
2-3 county courts, county courts at law, probate courts, and district
2-4 courts; and
2-5 (2) defray costs and expenses incurred by the county
2-6 under Section 22.214.
2-7 (b) To fund the system, the commissioners court shall set a
2-8 court costs fee of not more than $5 for each civil suit filed in a
2-9 county court, county court at law, probate court, or district court
2-10 in the county.
2-11 (c) The court costs fee does not apply to a suit filed by
2-12 the county or to a suit for delinquent taxes.
2-13 (d) The court costs fee shall be taxed, collected, and paid
2-14 as other court costs in a suit. The clerk of the court shall
2-15 collect the court costs fee set under this section and pay it to
2-16 the county officer who performs the county treasurer's functions.
2-17 That officer shall deposit the fee in a separate appellate judicial
2-18 system fund. The commissioners court shall administer the fund to
2-19 accomplish the purposes described by Subsection (a). The fund may
2-20 not be used for any other purpose.
2-21 (e) Not later than the 91st day of each county fiscal year,
2-22 the commissioners court shall order the balance remaining in the
2-23 appellate judicial system fund at the close of the previous fiscal
2-24 year to be forwarded to the court of appeals for expenditure by the
2-25 court of appeals for the court's judicial system.
2-26 (f) The commissioners court shall vest management of the
2-27 system in the chief justice of the court of appeals in the
2-28 district.
2-29 SECTION 3. This Act takes effect September 1, 2001.
2-30 * * * * *