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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a special three-judge district court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Government Code is amended |
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by adding Chapter 22A to read as follows: |
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CHAPTER 22A. SPECIAL THREE-JUDGE DISTRICT COURT. |
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Sec. 22A.001. MANDATORY PROCEEDINGS. (a) In any lawsuit in |
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district court in which the State or an officer or agency of the |
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State is a defendant and in which a claim described by subsection |
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22A.001(a)(1) or 22A.001(a)(2) is filed by any party, the Attorney |
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General may petition the Chief Justice of the Supreme Court for the |
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formation of a special three-judge district court. This section |
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applies to: |
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(1) any claim challenging the finances or operations |
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of the State's public school system; and |
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(2) any claim involving the apportionment of districts |
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for the Texas House, Texas Senate, U.S. Congress, State Board of |
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Education, or the apportionment of state judicial districts. |
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(b) Such a petition by the Attorney General stays all |
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proceedings in the district court until the Chief Justice acts on |
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the petition. |
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(c) Within a reasonable time after receipt of a petition |
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under section 22A.001, the Chief Justice shall order that the case |
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be heard by a special three-judge district court as provided by |
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section 22A.003. |
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Sec. 22A.002 DISCRETIONARY PROCEEDINGS. (a) In any lawsuit |
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in district court in which the State or an officer or agency of the |
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State is a defendant, the Attorney General may petition the Chief |
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Justice of the Supreme Court for the formation of a special |
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three-judge district court as provided by section 22A.003. The |
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Attorney General's petition must certify that the outcome of the |
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case: |
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(1) could significantly impact the finances of the |
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State; |
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(2) could significantly alter the operations of |
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important statewide policies or programs; or |
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(3) is otherwise of exceptional statewide importance |
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such that the case should not be decided by a single district judge. |
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(b) Such a petition by the AG stays all proceedings in the |
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district court until the Chief Justice acts on the petition. |
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(c) The Chief Justice may request that any party file a |
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statement objecting to or supporting the Attorney General's |
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petition. No such statement may be filed unless requested by the |
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Chief Justice. Any such statement shall address only whether the |
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claims at issue satisfy the criteria listed in section |
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22A.003(a)(1)-(a)(3)and shall not address other matters. |
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(d) The chief justice may either deny the petition or order |
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that the case be heard by a special three-judge district court. |
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(e) The Chief Justice's decision to grant or deny the |
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petition is final and may not be appealed or challenged. |
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(f) In ruling on a petition filed under section 22A.002, the |
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Chief Justice may consider: |
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(1) whether the petition meets the standards of |
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subsections 22A.002(a)(1)-22A.002(a)(3); and |
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(2) the available resources of the court system of the |
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State. |
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(g) In ruling on the petition, the Chief Justice shall |
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express no opinion on any question of law or fact arising from the |
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claims giving rise to the petition. |
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Sec. 22A.003 SPECIAL THREE-JUDGE DISTRICT COURTS. (a) After |
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receipt of a petition under Section 22A.001 or after granting a |
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petition under Section 22A.002, the Chief Justice shall order the |
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formation of a three-judge district court. The court shall consist |
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of: |
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(1) The district judge to whom the case was assigned at |
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the time the petition to the Chief Justice was submitted. |
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(2) A district judge chosen by the Chief Justice who |
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has been elected by the voters of a county other than the county in |
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which the case was filed; and |
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(3) A justice of a court of appeals chosen by the Chief |
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Justice who has been elected by the voters of a judicial district |
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other than the judicial district in which the case was filed or in |
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which the district judge chosen under section sits. |
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(b) The three-judge court shall sit in the county in which |
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the case was filed and may use the facilities, courtroom, and |
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administrative support of the district court in which the case was |
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filed. |
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(c) The travel expenses and other incidental costs related |
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to convening the three-judge court shall be paid by the Office of |
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Court Administration. |
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(d) On the motion of any party, a special three-judge court |
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shall consolidate with the cause of action before it any related |
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case pending in any district court or inferior court in the State. |
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Any case so consolidated shall be transferred, if necessary, to the |
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district court in which the three-judge court sits. Such transfer |
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may occur without the consent of the parties to the related case or |
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the court in which the related case is pending. For purposes of this |
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subsection, "related case" means any case in which the State or an |
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agency or officer of the State is a defendant that arises from the |
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same nucleus of operative facts, regardless of the legal claims or |
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causes of action asserted. |
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Section 22A.004 RULES OF CIVIL PROCEDURE. (a) Except as |
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provided by this section, the Texas Rules of Civil Procedure and all |
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other statutes and rules normally applicable to litigation in civil |
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district courts in this State shall apply to proceedings in front of |
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a three-judge district court; provided, however, that the Supreme |
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Court may promulgate rules for the operation of three-judge |
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district courts convened under this chapter. |
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Section 22A.005 ACTIONS BY JUSTICES. (a)With the unanimous |
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consent of the three-judge panel, a single judge on the three-judge |
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court may conduct pre-trial proceedings and enter interlocutory |
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orders prior to trial. |
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(b) No single judge may enter a temporary restraining order, |
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a temporary injunction, or any order that finally disposes of any |
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claim. |
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(c) Any action by a single judge may be reviewed by the full |
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three-judge court at any time prior to final judgment. |
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Section 22A.006 APPEAL. (a) Appeal from an appealable |
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interlocutory order of final judgment of a three-judge court shall |
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be directly to the Supreme Court. |
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(b) The Supreme Court may promulgate rules for appeals from |
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three-judge district courts. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. This Act applies only to |
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lawsuits filed after the Act is sent to the Governor for signature. |