By: Wentworth S.B. No. 241
(In the Senate - Filed January 25, 2005; February 3, 2005,
read first time and referred to Committee on Jurisprudence;
March 14, 2005, reported favorably by the following vote: Yeas 4,
Nays 2; March 14, 2005, sent to printer.)
A BILL TO BE ENTITLED
relating to the creation of an appellate judicial system for the
Third 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 22.2041 to read as follows:
Sec. 22.2041. APPELLATE JUDICIAL SYSTEM. (a) The
commissioners court of each county in the Third Court of Appeals
District, 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, county courts at law, probate courts, and district
(2) defray costs and expenses incurred by the county
under Section 22.204.
(b) To fund the system, the commissioners court shall set a
court costs fee of $5 for each civil suit filed in county court,
county court at law, probate court, or district court in the county.
(c) The court costs fee does not apply to a suit filed by the
county 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 judicial
system fund. The commissioners court shall administer the fund to
establish and maintain a fund system to assist the court of appeals
in the 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 court of appeals
for expenditures 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.
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