This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
79R2703 YDB-D
By: Crabb H.B. No. 1077
A BILL TO BE ENTITLED
AN ACT
relating to the composition of certain courts of appeals districts
and to the assignment and transfer of cases in certain courts of
appeals districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.201(b), (f), (j), (k), (m), and (o),
Government Code, are amended to read as follows:
(b) The First Court of Appeals District is composed of the
counties of Austin, Brazoria, [Burleson,] Chambers, Colorado, Fort
Bend, Galveston, Grimes, Harris, [Trinity, Walker,] Waller, and
Washington.
(f) The Fifth Court of Appeals District is composed of the
counties of Collin, Dallas, Grayson, Hunt, Kaufman, and Rockwall[,
and Van Zandt].
(j) The Ninth Court of Appeals District is composed of the
counties of [Angelina,] Hardin, Jasper, Jefferson, Liberty,
Montgomery, Newton, Orange, Polk, San Jacinto, and Tyler.
(k) The Tenth Court of Appeals District is composed of the
counties of Bosque, Burleson, Brazos, Coryell, Ellis, Falls,
Freestone, Hamilton, Hill, Johnson, Leon, Limestone, Madison,
McLennan, Navarro, Robertson, [and] Somervell, and Walker.
(m) The Twelfth Court of Appeals District is composed of the
counties of Anderson, Angelina, Cherokee, Gregg, Henderson,
[Hopkins,] Houston, [Kaufman,] Nacogdoches, [Panola,] Rains, Rusk,
Sabine, San Augustine, Shelby, Smith, Trinity, Upshur, Van Zandt,
and Wood.
(o) The Fourteenth Court of Appeals District is composed of
the counties of Austin, Brazoria, [Burleson,] Chambers, Colorado,
Fort Bend, Galveston, Grimes, Harris, [Trinity, Walker,] Waller,
and Washington.
SECTION 2. Section 22.206, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) All civil and criminal cases from Hunt County directed
to the Fifth or Sixth Court of Appeals shall be filed in either the
Fifth or Sixth Court of Appeals as provided by this subsection. The
trial clerk shall write the numbers of the two courts of appeals on
identical slips of paper and place the slips in a container. When a
notice of appeal or appeal bond is filed, the trial court clerk
shall draw a number from the container at random, in a public place,
and shall assign the case and any companion cases to the court of
appeals for the corresponding number drawn.
SECTION 3. Section 22.207(c), Government Code, is amended
to read as follows:
(c) All civil and criminal cases from Gregg, Rusk, Upshur,
or Wood Counties directed to the Sixth or Twelfth Court of Appeals
shall be filed in either the Sixth or Twelfth Court of Appeals as
provided by this subsection. The trial clerk shall write the
numbers of the two courts of appeals on identical slips of paper and
place the slips in a container. When a notice of appeal or appeal
bond is filed, the trial court clerk shall draw a number from the
container at random, in a public place, and shall assign the case
and any companion cases to the court of appeals for the
corresponding number drawn [criminal cases from Hopkins County
directed to the Sixth or Twelfth Court of Appeals shall be filed in
either the Sixth or Twelfth Court of Appeals as provided by this
subsection. The trial court clerk shall write the numbers of the
two courts of appeals on identical slips of paper and place the
slips in a container. When a notice of appeal is filed, the trial
court clerk shall draw a number from the container at random, in a
public place, and shall assign the case and any companion cases to
the court of appeals for the corresponding number drawn].
SECTION 4. Section 73.001, Government Code, is amended to
read as follows:
Sec. 73.001. AUTHORITY TO TRANSFER. (a) The supreme court
may order cases transferred from one court of appeals to another at
any time that, in the opinion of the supreme court, there is good
cause for the transfer.
(b) For a case transferred from one court of appeals to
another court of appeals under this section, the supreme court in
the transferring order shall:
(1) determine which legal precedent will apply for
addressing potential conflicting courts of appeals decisions; and
(2) consider requiring the legal precedent of the
court of appeals district in which the case originated to apply in
the case.
(c) The supreme court may adopt rules necessary to
administer this section.
SECTION 5. Section 22.213(d), Government Code, is repealed.
SECTION 6. (a) Burleson, Trinity, and Walker Counties:
(1) may not impose a fee under Section 22.2021(b),
Government Code, for cases filed on or after the effective date of
this Act; and
(2) as soon as practicable after the effective date of
this Act, shall transfer the money collected under that section to
the First and Fourteenth Courts of Appeals.
(b) Van Zandt County:
(1) may not impose a fee under Section 22.2061(b),
Government Code, for cases filed on or after the effective date of
this Act; and
(2) as soon as practicable after the effective date of
this Act, shall transfer the money collected under that section to
the Fifth Court of Appeals.
(c) Burleson, Trinity, and Walker Counties shall reimburse
Harris County, as required under Section 22.202(c), 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 7. 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 transcripts for the case
were filed before September 1, 2005, in the appropriate court of
appeals district.
SECTION 8. This Act takes effect September 1, 2005.