SRC-TAG C.S.S.B. 449 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 449
78R15650 SLO-DBy: Williams
Jurisprudence
5/15/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, the three member Ninth Court of Appeals is attempting to
perform the caseload of a four member court. Therefore, there has been a
high number of transferred cases and high ratio of cases assigned per
judge.  C.S.S.B. 449 adds a fourth justice to the Court of Appeals for the
Ninth Court of Appeals and removes a justice from the Court of Appeals for
the Eighth Court of Appeals District.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.216(h), Government Code, to provide that the
Court of Appeals for the Eighth Court of Appeals District consists of a
chief justice and two, rather than three, justices. 

SECTION 2.  Amends Section 22.216(i), Government Code, to provide that the
Court of Appeals for the Ninth Court of Appeals District consists of a
chief justice and three, rather than two, justices. 

SECTION 3.  Provides that the Eighth Court of Appeals consists of a chief
justice and three justices until a vacancy occurs or the term of a justice
expires, whichever occurs first, notwithstanding Section 22.216(h),
Government Code, as amended by this Act.  Establishes that Section
22.216(h), Government Code, as amended by this Act, does not affect the
office of a justice of the Eighth Court of Appeals serving September 1,
2003, and the justice, unless otherwise removed, continues to serve for
the term to which the justice was elected. 

SECTION 4.  (a)  Specifies that except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2003. 

 (b)  Provides that Section 2 of this Act takes effect January 1, 2005.