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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of and appeals from certain courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.012, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 51.012. APPEAL OR WRIT OF ERROR TO COURT OF APPEALS. |
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In a civil case in which the judgment or amount in controversy |
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exceeds $250 [$100], exclusive of interest and costs, a person may |
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take an appeal or writ of error to the court of appeals from a final |
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judgment of the district or county court. |
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SECTION 2. Subsection (a), Section 22.220, Government Code, |
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is amended to read as follows: |
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(a) Each court of appeals has appellate jurisdiction of all |
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civil cases within its district of which the district courts or |
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county courts have jurisdiction when the amount in controversy or |
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the judgment rendered exceeds $250 [$100], exclusive of interest |
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and costs. |
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SECTION 3. Subsection (c), Section 26.042, Government Code, |
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is amended to read as follows: |
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(c) If under Subchapter E a county court has original |
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concurrent jurisdiction with the justice courts in all civil |
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matters in which the justice courts have jurisdiction, an appeal or |
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writ of error may not be taken to the court of appeals from a final |
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judgment of the county court in a civil case in which: |
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(1) the county court has appellate or original |
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concurrent jurisdiction with the justice courts; and |
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(2) the judgment or amount in controversy does not |
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exceed $250 [$100], exclusive of interest and costs. |
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SECTION 4. Subsection (b), Section 28.052, Government Code, |
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is amended to read as follows: |
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(b) Except to the extent of any conflict with this |
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subchapter, appeal [Appeal] is in the manner provided by law for |
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appeals [appeal] from justice courts [court to county court]. |
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SECTION 5. The heading to Section 28.053, Government Code, |
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is amended to read as follows: |
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Sec. 28.053. DE NOVO TRIAL [HEARING] ON APPEAL. |
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SECTION 6. Subsections (b) and (d), Section 28.053, |
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Government Code, are amended to read as follows: |
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(b) Trial on appeal to the county court or county court at |
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law is de novo. No further pleadings are required [and the
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procedure is the same as in small claims court]. |
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(d) A person may appeal the final judgment [Judgment] of the |
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county court or county court at law on the appeal to the court of |
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appeals [is final]. |
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SECTION 7. The changes in law made by this Act apply only to |
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an action filed on or after the effective date of this Act. An |
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action filed before the effective date of this Act is governed by |
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the law applicable to the action immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |