79R15245 ESH-D
By: Van Arsdale H.B. No. 1305
Substitute the following for H.B. No. 1305:
By: Van Arsdale C.S.H.B. No. 1305
A BILL TO BE ENTITLED
AN ACT
relating to venue in an action concerning the constitutionality of
the school finance system and to direct appeal to the supreme court
of such an action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 15, Civil Practice and
Remedies Code, is amended by adding Section 15.021 to read as
follows:
Sec. 15.021. ACTION CONCERNING CONSTITUTIONALITY OF SCHOOL
FINANCE SYSTEM. (a) This section applies only to an action for
injunctive relief, mandamus, or a declaratory judgment that
concerns the validity of the state system of providing financing
for public elementary and secondary schools under:
(1) Section 1, Article VII, Texas Constitution, or any
other provision of the Texas Constitution; or
(2) any provision of the United States Constitution.
(b) Notwithstanding Section 15.014 or other law, an action
to which this section applies shall be brought in:
(1) the county in which the plaintiff resides, if that
county has a population of at least 800,000; or
(2) the county nearest the county in which the
plaintiff resides that has a population of at least 800,000, if the
plaintiff does not reside in a county with a population of at least
800,000.
SECTION 2. Section 22.001, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c) or the Texas Rules of
Appellate Procedure, an appeal from an appealable decision of the
trial court in an action for injunctive relief, mandamus, or a
declaratory judgment is a direct appeal to the supreme court if the
action concerns the validity of the state system of providing
financing for public elementary and secondary schools under:
(1) Section 1, Article VII, Texas Constitution, or any
other provision of the Texas Constitution; or
(2) any provision of the United States Constitution.
SECTION 3. Section 15.021, Civil Practice and Remedies
Code, as added by this Act, and Section 22.001(c-1), Government
Code, as added by this Act, apply only to venue of and appeal from an
action filed on or after the effective date of this Act. Venue of
and appeal from an action filed before the effective date of this
Act are governed by the law in effect on the date the action was
filed, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.