BILL ANALYSIS

 

 

Senate Research Center                                                                                              C.S.H.B. 1077

79R15433 E                                                                                                  By: Crabb (Wentworth)

                                                                                                                                      Jurisprudence

                                                                                                                                            4/29/2005

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

C.S.H.B. 1077 implements a redistricting plan for the courts of appeals proposed by the fourteen chief justices of the courts of appeals working together as the Council of Chief Justices.  This plan was unanimously adopted by the House Committee on Redistricting for the 78th Legislature in response to an interim study charge.  This plan reduces the number of counties in the state under concurrent (overlapping) jurisdiction of two courts from twenty-two to fifteen.

 

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 Sections 22.201(b), (f), (j), (k), (m), and (o), Government Code, as follows:

 

(b)  Deletes existing text including the counties of Burleson, Trinity, and Walker in the First Court of Appeals District.

 

(f)  Deletes existing text including the county of Van Zandt in the Fifth Court of Appeals District.

 

(j)  Deletes existing text including the county of Angelina in the Ninth Court of Appeals District.

 

(k)  Includes the counties of Burleson and Walker in the Tenth Court of Appeals District.

 

(m)  Includes the counties of Angelina and Trinity in the Twelfth Court of Appeals District.  Deletes existing text including the counties of Hopkins, Kaufman, and Panola in the Twelfth Court of Appeals District.

 

(o)  Deletes existing text including the counties of Burleson, Trinity, and Walker in the Fourteenth Court of Appeals District. 

 

SECTION 2.  Repealer:  Sections 22.207(c) and 22.213(d) (relating to criminal cases tried in Hopkins County), Government Code.

 

SECTION 3.  (a)  Sets forth certain prohibitions and requirements relating to the transfer of Burleson, Trinity, and Walker counties to other judicial districts.

 

(b)  Sets forth certain prohibitions and requirements relating to the transfer of Van Zandt County to another judicial district.

 

(c)  Requires Burleson, Trinity, and Walker counties to reimburse Harris County, as required under Section 22.202(c) (relating to certain counties being required to reimburse Harris County for certain incurred costs), Government Code, for the costs incurred by Harris County from March 1, 2005, until the effective date of this Act to support the First and Fourteenth Courts of Appeals Districts.

 

SECTION 4.  Provides that this Act does not affect the jurisdiction on appeal of any case from a county that is transferred by this Act to a different court of appeals district if the notice of appeal for the case was filed before September 1, 2005.

 

SECTION 5.  Effective date: September 1, 2005.