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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Fifteenth Court of Appeals with |
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jurisdiction over certain civil cases, the compensation of the |
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justices of that court, and the jurisdiction of the courts of |
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appeals in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. FIFTEENTH COURT OF APPEALS |
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SECTION 1.01. Section 22.201, Government Code, is amended |
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by amending Subsection (a) and adding Subsection (p) to read as |
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follows: |
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(a) The state is organized [divided] into 15 [14] courts of |
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appeals districts with a court of appeals in each district. |
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(p) The Fifteenth Court of Appeals District is composed of |
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all counties in this state. |
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SECTION 1.02. Subchapter C, Chapter 22, Government Code, is |
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amended by adding Section 22.2151 to read as follows: |
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Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of |
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Appeals for the Fifteenth Court of Appeals District shall be held in |
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the City of Austin. |
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(b) The Fifteenth Court of Appeals may transact its business |
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in any county in the district as the court determines is necessary |
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and convenient. |
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SECTION 1.03. Section 22.216, Government Code, is amended |
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by adding Subsection (n-1) to read as follows: |
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(n-1) The Court of Appeals for the Fifteenth Court of |
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Appeals District consists of a chief justice and of four justices |
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holding places numbered consecutively beginning with Place 2. |
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SECTION 1.04. Section 22.220, Government Code, is amended |
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by amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Except as provided by Subsection (d), each [Each] court |
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of appeals has appellate jurisdiction of all civil cases within its |
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district of which the district courts or county courts have |
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jurisdiction when the amount in controversy or the judgment |
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rendered exceeds $250, exclusive of interest and costs. |
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(d) The Court of Appeals for the Fifteenth Court of Appeals |
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District has exclusive intermediate appellate jurisdiction over |
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the following matters arising out of or related to a civil case: |
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(1) matters brought by or against the state or a board, |
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commission, department, office, or other agency in the executive |
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branch of the state government, including a university system or |
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institution of higher education as defined by Section 61.003, |
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Education Code, or by or against an officer or employee of the state |
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or a board, commission, department, office, or other agency in the |
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executive branch of the state government arising out of that |
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officer's or employee's official conduct, other than: |
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(A) a proceeding brought under the Family Code |
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and any related motion or proceeding; |
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(B) a proceeding brought under Chapter 7B or |
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Article 17.292, Code of Criminal Procedure; |
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(C) a proceeding brought against a district |
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attorney, a criminal district attorney, or a county attorney with |
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criminal jurisdiction; |
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(D) a proceeding relating to a mental health |
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commitment; |
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(E) a proceeding relating to civil asset |
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forfeiture; |
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(F) a condemnation proceeding for the |
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acquisition of land or a proceeding related to eminent domain; |
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(G) a proceeding brought under Chapter 125, Civil |
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Practice and Remedies Code, to enjoin a common nuisance; |
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(H) a proceeding brought under Chapter 55, Code |
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of Criminal Procedure; |
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(I) a proceeding under Chapter 22A, Government |
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Code; |
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(J) a proceeding brought under Subchapter E-1, |
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Chapter 411, Government Code; |
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(K) a proceeding brought under Chapter 21, Labor |
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Code; |
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(L) a removal action under Chapter 87, Local |
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Government Code; or |
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(M) a proceeding brought under Chapter 841, |
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Health and Safety Code; |
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(2) matters in which a party to the proceeding files a |
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petition, motion, or other pleading challenging the |
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constitutionality or validity of a state statute or rule and the |
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attorney general is a party to the case; and |
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(3) any other matter as provided by law. |
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SECTION 1.05. Section 22.221, Government Code, is amended |
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by amending Subsection (b) and adding Subsections (c) and (c-1) to |
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read as follows: |
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(b) Subject to Subsection (c-1), each [Each] court of |
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appeals for a court of appeals district may issue all writs of |
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mandamus, agreeable to the principles of law regulating those |
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writs, against[: |
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[(1)] a judge of a district, statutory county, |
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statutory probate county, or county court in the court of appeals |
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district[; |
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[(2) a judge of a district court who is acting as a |
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magistrate at a court of inquiry under Chapter 52, Code of Criminal |
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Procedure, in the court of appeals district; or |
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[(3) an associate judge of a district or county court |
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appointed by a judge under Chapter 201, Family Code, in the court of |
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appeals district for the judge who appointed the associate judge]. |
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(c) Each court of appeals for a court of appeals district, |
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other than the Court of Appeals for the Fifteenth Court of Appeals |
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District, may issue all writs of mandamus, agreeable to the |
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principles of law regulating those writs, against: |
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(1) a judge of a district court who is acting as a |
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magistrate at a court of inquiry under Chapter 52, Code of Criminal |
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Procedure, in the court of appeals district; or |
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(2) an associate judge of a district or county court |
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appointed by a judge under Chapter 201, Family Code, in the court of |
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appeals district for the judge who appointed the associate judge. |
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(c-1) The original jurisdiction of the Court of Appeals for |
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the Fifteenth Court of Appeals District to issue writs is limited to |
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writs arising out of matters over which the court has exclusive |
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intermediate appellate jurisdiction under Section 22.220(d). |
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SECTION 1.06. Section 22.229(a), Government Code, is |
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amended to read as follows: |
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(a) An appellate judicial system fund is established for |
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each court of appeals, other than the Court of Appeals of the |
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Fifteenth Court of Appeals District, to: |
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(1) assist the court of appeals in the processing of |
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appeals filed with the court of appeals from the county courts, |
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statutory county courts, statutory probate courts, and district |
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courts in the counties the court of appeals serves; and |
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(2) defray costs and expenses incurred in the |
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operation of the court of appeals. |
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SECTION 1.07. Section 73.001, Government Code, is amended |
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to read as follows: |
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Sec. 73.001. AUTHORITY TO TRANSFER. (a) Except as provided |
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by Subsection (b), the [The] supreme court may order cases |
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transferred from one court of appeals to another at any time that, |
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in the opinion of the supreme court, there is good cause for the |
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transfer. |
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(b) The supreme court may not transfer any case or |
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proceeding properly filed in the Court of Appeals for the Fifteenth |
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Court of Appeals District to another court of appeals for the |
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purpose of equalizing the dockets of the courts of appeals. |
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(c) The supreme court shall adopt rules for: |
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(1) transferring an appeal inappropriately filed in |
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the Fifteenth Court of Appeals to a court of appeals with |
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jurisdiction over the appeal; and |
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(2) transferring to the Fifteenth Court of Appeals |
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from another court of appeals the appeals over which the Fifteenth |
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Court of Appeals has exclusive intermediate appellate jurisdiction |
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under Section 22.220(d). |
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SECTION 1.08. Section 659.012(a), Government Code, is |
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amended to read as follows: |
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(a) Notwithstanding Section 659.011 and subject to |
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Subsections (b) and (b-1): |
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(1) a judge of a district court is entitled to an |
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annual base salary from the state as set by the General |
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Appropriations Act in an amount equal to at least $140,000, except |
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that the combined base salary of a district judge from all state and |
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county sources, including compensation for any extrajudicial |
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services performed on behalf of the county, may not exceed the |
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amount that is $5,000 less than the maximum combined base salary |
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from all state and county sources for a justice of a court of |
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appeals other than a chief justice as determined under this |
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subsection; |
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(2) except as provided by Subdivision (3), a justice |
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of a court of appeals other than the chief justice is entitled to an |
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annual base salary from the state in the amount equal to 110 percent |
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of the state base salary of a district judge as set by the General |
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Appropriations Act, except that the combined base salary of a |
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justice of the court of appeals other than the chief justice from |
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all state and county sources, including compensation for any |
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extrajudicial services performed on behalf of the county, may not |
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exceed the amount that is $5,000 less than the base salary for a |
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justice of the supreme court as determined under this subsection; |
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(3) a justice of the Court of Appeals for the Fifteenth |
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Court of Appeals District other than the chief justice is entitled |
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to an annual base salary from the state in the amount equal to |
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$5,000 less than 120 percent of the state base salary of a district |
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judge as set by the General Appropriations Act; |
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(4) a justice of the supreme court other than the chief |
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justice or a judge of the court of criminal appeals other than the |
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presiding judge is entitled to an annual base salary from the state |
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in the amount equal to 120 percent of the state base salary of a |
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district judge as set by the General Appropriations Act; and |
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(5) [(4)] the chief justice or presiding judge of an |
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appellate court is entitled to an annual base salary from the state |
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in the amount equal to $2,500 more than the state base salary |
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provided for the other justices or judges of the court, except that |
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the combined base salary of the chief justice of a court of appeals |
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from all state and county sources may not exceed the amount equal to |
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$2,500 less than the base salary for a justice of the supreme court |
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as determined under this subsection. |
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SECTION 1.09. Section 2001.038(f), Government Code, is |
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amended to read as follows: |
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(f) A Travis County district court in which an action is |
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brought under this section, on its own motion or the motion of any |
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party, may request transfer of the action to the Court of Appeals |
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for the Fifteenth [Third] Court of Appeals District if the district |
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court finds that the public interest requires a prompt, |
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authoritative determination of the validity or applicability of the |
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rule in question and the case would ordinarily be appealed. After |
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filing of the district court's request with the court of appeals, |
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transfer of the action may be granted by the court of appeals if it |
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agrees with the findings of the district court concerning the |
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application of the statutory standards to the action. On entry of |
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an order by the court of appeals granting transfer, the action is |
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transferred to the court of appeals for decision, and the validity |
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or applicability of the rule in question is subject to judicial |
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review by the court of appeals. The administrative record and the |
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district court record shall be filed by the district clerk with the |
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clerk of the court of appeals. The court of appeals may direct the |
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district court to conduct any necessary evidentiary hearings in |
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connection with the action. |
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SECTION 1.10. Section 2001.176(c), Government Code, is |
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amended to read as follows: |
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(c) A Travis County district court in which an action is |
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brought under this section, on its own motion or on motion of any |
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party, may request transfer of the action to the Court of Appeals |
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for the Fifteenth [Third] Court of Appeals District if the district |
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court finds that the public interest requires a prompt, |
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authoritative determination of the legal issues in the case and the |
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case would ordinarily be appealed. After filing of the district |
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court's request with the court of appeals, transfer of the action |
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may be granted by the court of appeals if it agrees with the |
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findings of the district court concerning the application of the |
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statutory standards to the action. On entry of an order by the |
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court of appeals granting transfer, the action is transferred to |
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the court of appeals for decision, and the agency decision in the |
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contested case is subject to judicial review by the court of |
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appeals. The administrative record and the district court record |
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shall be filed by the district clerk with the clerk of the court of |
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appeals. The court of appeals may direct the district court to |
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conduct any necessary evidentiary hearings in connection with the |
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action. |
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SECTION 1.11. Section 2301.751(a), Occupations Code, is |
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amended to read as follows: |
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(a) A party to a proceeding affected by a final order, rule, |
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or decision or other final action of the board with respect to a |
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matter arising under this chapter or Chapter 503, Transportation |
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Code, may seek judicial review of the action under the substantial |
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evidence rule in: |
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(1) a district court in Travis County; or |
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(2) the court of appeals for the Fifteenth [Third] |
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Court of Appeals District. |
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SECTION 1.12. Section 39.001(e), Utilities Code, is amended |
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to read as follows: |
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(e) Judicial review of competition rules adopted by the |
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commission shall be conducted under Chapter 2001, Government Code, |
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except as otherwise provided by this chapter. Judicial review of |
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the validity of competition rules shall be commenced in the Court of |
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Appeals for the Fifteenth [Third] Court of Appeals District and |
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shall be limited to the commission's rulemaking record. The |
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rulemaking record consists of: |
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(1) the notice of the proposed rule; |
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(2) the comments of all interested persons; |
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(3) all studies, reports, memoranda, or other |
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materials on which the commission relied in adopting the rule; and |
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(4) the order adopting the rule. |
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SECTION 1.13. (a) Except as otherwise provided by this Act, |
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the Court of Appeals for the Fifteenth Court of Appeals District is |
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created September 1, 2024. |
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(b) If the Court of Appeals for the Fifteenth Court of |
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Appeals District is created, the initial vacancies in the offices |
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of chief justice and justices of the court shall be filled by |
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appointment. |
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SECTION 1.14. (a) The changes in law made by this Act apply |
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to appeals perfected on or after September 1, 2024. |
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(b) On September 1, 2024, all cases pending in other courts |
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of appeal that were filed on or after September 1, 2023, and of |
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which the Court of Appeals for the Fifteenth Court of Appeals |
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District has exclusive intermediate appellate jurisdiction are |
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transferred to the Court of Appeals for the Fifteenth Court of |
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Appeals District. |
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(c) When a case is transferred as provided by Subsection (b) |
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of this section: |
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(1) all processes, writs, bonds, recognizances, or |
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other obligations issued from the other courts of appeal are |
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returnable to the Court of Appeals for the Fifteenth Court of |
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Appeals District as if originally issued by that court; and |
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(2) the obligees on all bonds and recognizances taken |
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in and for the other courts of appeal and all witnesses summoned to |
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appear in another court of appeals are required to appear before the |
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Court of Appeals for the Fifteenth Court of Appeals District as if |
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originally required to appear before the Court of Appeals for the |
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Fifteenth Court of Appeals District. |
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ARTICLE 2. CONFORMING AMENDMENTS |
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SECTION 2.01. Article 4.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The |
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following courts have jurisdiction in criminal actions: |
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1. The Court of Criminal Appeals; |
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2. Courts of appeals, other than the Court of Appeals |
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for the Fifteenth Court of Appeals District; |
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3. The district courts; |
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4. The criminal district courts; |
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5. The magistrates appointed by the judges of the |
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district courts of Bexar County, Dallas County, Tarrant County, or |
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Travis County that give preference to criminal cases and the |
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magistrates appointed by the judges of the criminal district courts |
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of Dallas County or Tarrant County; |
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6. The county courts; |
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7. All county courts at law with criminal |
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jurisdiction; |
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8. County criminal courts; |
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9. Justice courts; |
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10. Municipal courts; |
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11. The magistrates appointed by the judges of the |
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district courts of Lubbock County; |
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12. The magistrates appointed by the El Paso Council |
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of Judges; |
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13. The magistrates appointed by the Collin County |
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Commissioners Court; |
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14. The magistrates appointed by the Brazoria County |
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Commissioners Court or the local administrative judge for Brazoria |
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County; and |
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15. The magistrates appointed by the judges of the |
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district courts of Tom Green County. |
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SECTION 2.02. Article 4.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.03. COURTS OF APPEALS. The Courts of Appeals, other |
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than the Court of Appeals for the Fifteenth Court of Appeals |
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District, shall have appellate jurisdiction coextensive with the |
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limits of their respective districts in all criminal cases except |
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those in which the death penalty has been assessed. This article |
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[Article] shall not be so construed as to embrace any case which has |
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been appealed from any inferior court to the county court, the |
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county criminal court, or county court at law, in which the fine |
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imposed or affirmed by the county court, the county criminal court |
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or county court at law does not exceed one hundred dollars, unless |
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the sole issue is the constitutionality of the statute or ordinance |
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on which the conviction is based. |
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SECTION 2.03. Article 44.25, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 44.25. CASES REMANDED. The courts of appeals, other |
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than the Court of Appeals of the Fifteenth Court of Appeals |
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District, or the Court of Criminal Appeals may reverse the judgment |
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in a criminal action, as well upon the law as upon the facts. |
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SECTION 2.04. Section 31.001, Government Code, is amended |
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to read as follows: |
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Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION. |
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The commissioners courts in the counties of each of the 15 [14] |
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courts of appeals districts may pay additional compensation in an |
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amount that does not exceed the limitations of Section 659.012 to |
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each of the justices of the courts of appeals, other than a justice |
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of the Court of Appeals of the Fifteenth Court of Appeals District, |
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residing within the court of appeals district that includes those |
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counties. The compensation is for all extrajudicial services |
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performed by the justices. |
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ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; EFFECTIVE DATE |
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SECTION 3.01. (a) Notwithstanding Section 22.201(a), |
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Government Code, as amended by this Act, and Sections 22.201(p) and |
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22.2151, Government Code, as added by this Act, the Court of Appeals |
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for the Fifteenth Court of Appeals District is not created unless |
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the legislature makes a specific appropriation of money for that |
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purpose. For purposes of this subsection, a specific appropriation |
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is an appropriation identifying the Court of Appeals for the |
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Fifteenth Court of Appeals District or an Act of the 88th |
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Legislature, Regular Session, 2023, relating to the creation of the |
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Court of Appeals for the Fifteenth Court of Appeals District. |
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(b) Notwithstanding Section 22.220(a), Government Code, as |
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amended by this Act, a court of appeals has the same jurisdiction |
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the court had on August 31, 2023, if the Court of Appeals for the |
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Fifteenth Court of Appeals District is not created as a result of |
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Subsection (a) of this section. |
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SECTION 3.02. This Act takes effect September 1, 2023. |