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BILL ANALYSIS

 

 

 

C.S.H.B. 1528

By: Otto

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Legislation enacted within the last decade transferred Walker County from the jurisdiction of the First and Fourteenth Courts of Appeals in Houston to the jurisdiction of the Tenth Court of Appeals in Waco as part of an appellate court district reorganization that was aimed at reducing the number of cases transferred between the appellate courts. However, interested parties in the Walker County legal community contend that this move has resulted in an imbalance of case transfers among those courts and in the transfer of cases originating in Walker County to distant appellate courts, which increases the time and expense associated with affected cases. These parties further contend that the county should once again be served by the appellate courts that are held in Houston because Walker County and Harris County share common interests because of proximity and a shared media market. C.S.H.B. 1528 seeks to provide for such a change.  

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1528 amends the Government Code to change the composition of the First and Fourteenth Courts of Appeals Districts by adding Walker County to those districts.

 

EFFECTIVE DATE

 

September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1528 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Sections 22.201(b), (k), 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, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Walker, Waller, and Washington.

(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].

(o)  The Fourteenth Court of Appeals District is composed of the counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Walker, Waller, and Washington.

SECTION 1.  Sections 22.201(b) 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, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Walker, Waller, and Washington.

 

 

 

 

 

 

(o)  The Fourteenth Court of Appeals District is composed of the counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Walker, Waller, and Washington.

SECTION 2.  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, 2013, in the appropriate court of appeals district.

No equivalent provision.

 

SECTION 3.  This Act takes effect September 1, 2013.

SECTION 2. Same as introduced version.