84R2419 CAE-D

By: Huffines S.B. No. 64

A BILL TO BE ENTITLED

AN ACT

relating to appellate court procedures and deadlines in a civil action.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the "Appellate Court Accountability Act."

SECTION 2. Section 22.001(b), Government Code, is amended to read as follows:

(b) A case over which the court has jurisdiction under Subsection (a) may be carried to the supreme court either by a petition for review [writ of error] or by certificate from the court of appeals, but the court of appeals may certify a question of law arising in any of those cases at any time it chooses, either before or after the decision of the case in that court.

SECTION 3. The heading to Section 22.007, Government Code, is amended to read as follows:

Sec. 22.007. PETITION FOR REVIEW [APPLICATION FOR WRIT OF ERROR].

SECTION 4. Section 22.007, Government Code, is amended by amending Subsections (a) and (e) and adding Subsection (a-1) to read as follows:

(a) The supreme court shall [may] act on petitions for review as provided by this section [applications for writs of error when the court deems it expedient]. The chief justice shall enforce the requirements of this section as provided by Section 22.0072. The supreme court shall pass on a petition for review [an application for writ of error] in a case in which the justices of the courts of appeals have disagreed or have declared void a statute of the state. Subject to Subsection (a-1), the supreme court shall:

(1) deny a petition for review not later than the 90th day after the date the petition is filed if the court does not request a response to the petition;

(2) deny a petition for review not later than the 180th day after the date the petition is filed if the court does not request briefing on the petition; or

(3) grant or deny a petition for review not later than the 300th day after the date the petition is filed if the court requests briefing on the petition.

(a-1) The supreme court may place on hold a petition for review if issues presented in the petition are related to the issues presented in another case for which a petition for review has been granted and a decision by the court is pending. The supreme court shall:

(1) publish the names of the parties to the petitions and the issues the supreme court has determined to be related; and

(2) grant or deny the petition for review placed on hold not later than the 30th day after the date a decision has been issued in the case for which the petition was placed on hold.

(e) The granting of a petition for review [an application for writ of error] admits the case into the supreme court, and the supreme court shall proceed with the case as provided by law. The refusal or dismissal of a petition for review [an application] has the effect of denying the admission of the case into the supreme court, except that a motion for rehearing may be made [to the designated justices in the same manner that a motion for rehearing to the supreme court is made]. The denial of a petition for review may [refusal or dismissal of an application shall] not be regarded as a precedent or authority.

SECTION 5. Subchapter A, Chapter 22, Government Code, is amended by adding Sections 22.0071 and 22.0072 to read as follows:

Sec. 22.0071. ISSUANCE OF DECISIONS. (a) In this section, "term of court" means a state fiscal year beginning September 1 and ending August 31.

(b) The supreme court shall issue a decision for all cases in which the court grants a petition for review during the term of court in which review was granted. Before the court adjourns for an end-of-term recess, the chief justice shall certify that a decision has been issued in all cases in which a petition for review was granted during that term of court.

(c) If a petition for review is granted in June or later during a term of court, the supreme court may, under extraordinary circumstances, carry the decision into the next term of court. The supreme court must state in the order granting the petition an explanation of the nature of the extraordinary circumstance and that the supreme court will issue a decision not later than December 31 of the next term of court.

Sec. 22.0072. ENFORCEMENT OF PROCEDURES AND DEADLINES. (a) The supreme court shall adopt and publish written procedures that allocate responsibilities to individual justices to assure the supreme court's compliance with the procedures and deadlines established by Sections 22.007 and 22.0071.

(b) The chief justice shall enforce the procedures and deadlines established by this section and Sections 22.007 and 22.0071 and may:

(1) prohibit a justice who fails to comply with any procedure that may result in the supreme court's failure to comply with a requirement of this section or Section 22.007 or 22.0071 from participating in future oral arguments until the justice complies with the procedures and deadlines;

(2) reassign opinions to be authored by a noncompliant justice;

(3) prohibit a noncompliant justice from participating in a new case until the justice complies with the procedures and deadlines; or

(4) refer a noncompliant justice to the State Commission on Judicial Conduct.

SECTION 6. Subchapter C, Chapter 22, Government Code, is amended by adding Sections 22.229 and 22.230 to read as follows:

Sec. 22.229. PROCESSING CIVIL APPEALS. (a) Not later than the 60th day after the date the final brief allowed by rule is filed in a civil appeal, a court of appeals shall announce whether oral argument has been granted.

(b) In a civil appeal in which a court of appeals has granted oral argument, the court shall hold the oral argument not later than the 120th day after the date the final brief allowed by rule is filed.

(c) A court of appeals shall issue its decision in a civil appeal not later than the 90th day after:

(1) the date of oral argument, if oral argument is granted; or

(2) the date the court announces that oral argument is denied.

Sec. 22.230. ENFORCEMENT OF CIVIL APPEAL PROCEDURES AND DEADLINES. (a) Each court of appeals shall adopt and publish written procedures that allocate responsibilities to individual justices of the court to assure compliance with the court's procedures and deadlines established by this section and Section 22.229.

(b) The chief justice of each court of appeals shall enforce the procedures and deadlines established by this section and Section 22.229 and may:

(1) prohibit a justice who fails to comply with a requirement of this section or Section 22.229 from participating in future oral arguments until the justice complies with the procedures and deadlines;

(2) reassign opinions to be authored by a noncompliant justice; or

(3) prohibit a noncompliant justice from participating in a new case until the justice complies with the procedures and deadlines.

(c) The chief justice of each court of appeals shall prepare and submit to the chief justice of the supreme court a quarterly report regarding the compliance of the court with the requirements of this section and Section 22.229.

(d) The chief justice of the supreme court shall monitor the compliance of each court of appeals with the requirements of this section and Section 22.229 and may:

(1) prohibit the filing of additional civil appeals with a court of appeals that is not in substantial compliance; and

(2) order the transfer of civil appeals to other courts of appeal.

(e) If a court of appeals is prohibited from accepting new civil appeals:

(1) the justices of that court of appeals are not credited with state service for the period during which the court may not accept new appeals; and

(2) the Legislative Budget Board and the governor shall take action as provided by Chapter 317 to:

(A) reduce the budget of that court of appeals in an amount proportional to the number of civil appeals that the court would normally hear during the period the court may not hear new civil appeals and that are transferred to a different court; and

(B) increase the budget of each court of appeals to which a civil appeal is transferred in an amount proportional to the number of civil appeals transferred to that court.

(f) The chief justice of the supreme court shall prepare an annual report regarding the compliance of the courts of appeals with this section and Section 22.229. Not later than January 31 of each year, the chief justice shall file the report for the preceding year with the governor, lieutenant governor, and speaker of the house of representatives. The report must be made available to the public.

SECTION 7. Sections 22.007(b), (c), (d), (f), and (g), Government Code, are repealed.

SECTION 8. (a) Section 22.007, Government Code, as amended by this Act, and Sections 22.0071 and 22.0072, Government Code, as added by this Act, apply beginning on the effective date of this Act.

(b) Sections 22.229 and 22.230, Government Code, as added by this Act, apply only to a civil appeal filed on or after the effective date of this Act. A civil appeal filed before the effective date of this Act is governed by the law in effect at the time the appeal was filed, and that law is continued in effect for that purpose.

SECTION 9. Not later than the 180th day after the effective date of this Act, the supreme court and the courts of appeals shall adopt any changes to the courts' rules of practice and procedure necessary to implement this Act.

SECTION 10. This Act takes effect September 1, 2015.