79R12398 YDB-D


By:  Keffer of Eastland                                           H.B. No. 1997

Substitute the following for H.B. No. 1997:                                   

By:  Hartnett                                                 C.S.H.B. No. 1997



A BILL TO BE ENTITLED

AN ACT

relating to the creation of an appellate judicial system for the 
Eleventh Court of Appeals District.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 22, Government Code, is 
amended by adding Section 22.2121 to read as follows:
	Sec. 22.2121.  APPELLATE JUDICIAL SYSTEM.  (a)  The 
commissioners court of each county in the Eleventh Court of Appeals 
District, on request of the chief justice of the court of appeals, 
by order entered in its minutes shall establish an appellate 
judicial system to:
		(1)  assist the court of appeals for the county in the 
processing of appeals filed with the court of appeals from the 
county courts, statutory county courts, probate courts, and 
district courts;  and
		(2)  defray costs and expenses incurred by the county 
under Section 22.212.
	(b)  To fund the system, the commissioners court shall set a 
court costs fee of $5 for each civil suit filed in county court, 
statutory county court, probate court, or district court in the 
county.
	(c)  The court costs fee does not apply to a suit filed by any 
governmental entity or to a suit for delinquent taxes.
	(d)  The court costs fee shall be taxed, collected, and paid 
as other court costs in a suit.  The clerk of the court shall collect 
the court costs fee set under this section and pay it to the county 
officer who performs the county treasurer's functions.  That 
officer shall deposit the fee in a separate appellate justice 
system fund.  The commissioners court shall establish and maintain 
the fund to assist the court of appeals district.  The fund may not 
be used for any other purpose.
	(e)  The commissioners court shall monthly order the funds 
collected under this section to be forwarded to the clerk of the 
court of appeals for expenditure by the court of appeals for its 
judicial system.
	(f)  The commissioners court shall vest management of the 
system in the chief justice of the court of appeals.
	SECTION 2.  This Act takes effect September 1, 2005.