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.
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