C.S.H.B. 3322 78(R)    BILL ANALYSIS


C.S.H.B. 3322
By: Keffer, Jim
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, six of the 14 court of appeals districts have "Chapter 22"
funds, also known as Appellate Judicial Systems.  These consist of funds
collected from filing fees within the district and are used to facilitate
the operations of the court of appeals.  These districts are the 1st/14th
(Houston), 2nd (Fort Worth), 4th (San Antonio), 5th (Dallas), and the 13th
(Corpus Christi).   

C.S.H.B. 3322 creates an Appellate Judicial System for  the 11th Court of
Appeals (Eastland).  On April 7, 2003, the House Committee on Judicial
Affairs voted in favor of a similar bill to create an Appellate Judicial
System for the 8th Court of Appeals (El Paso) (H.B. 3270 - Gallego). 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 3322 amends the Government Code to provide for the creation of an
appellate judicial system for the eleventh court of appeals to assist the
court of appeals for the county in the processing of appeals filed with
the court of appeals from the county courts, county courts at law, probate
courts, and district courts; and to defray costs and expenses incurred by
the county in the court's transaction of its business.   

The bill mandates that the commissioners court of each county in the
eleventh court of appeals shall set a court costs fee of $5 for each civil
suit filed in county court, county court at law, probate court, or
district court in the county.  This fee does not apply to a suit filed by
a government entity or to a suit for delinquent taxes.   

The bill provides certain procedures for the collection of these funds by
the clerk of court and for the use and management of these funds, and
provides that the commissioners court has the authority necessary to
assist the court of appeals in the administration and management of the
system and to contract with any private corporation, public corporation or
combination of those corporations.  The commissioners court shall vest
management of the system in the chief justice of the court of appeals.  

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute is a Legislative Council draft, whereas the original is
not.  There are no substantive changes.