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  S.B. No. 1045
 
 
 
 
AN ACT
  relating to the creation of the Fifteenth Court of Appeals with
  jurisdiction over certain civil cases, the compensation of the
  justices of that court, and the jurisdiction of the courts of
  appeals in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. FIFTEENTH COURT OF APPEALS
         SECTION 1.01.  Section 22.201, Government Code, is amended
  by amending Subsection (a) and adding Subsection (p) to read as
  follows:
         (a)  The state is organized [divided] into 15 [14] courts of
  appeals districts with a court of appeals in each district.
         (p)  The Fifteenth Court of Appeals District is composed of
  all counties in this state.
         SECTION 1.02.  Subchapter C, Chapter 22, Government Code, is
  amended by adding Section 22.2151 to read as follows:
         Sec. 22.2151.  FIFTEENTH COURT OF APPEALS. (a) The Court of
  Appeals for the Fifteenth Court of Appeals District shall be held in
  the City of Austin.
         (b)  The Fifteenth Court of Appeals may transact its business
  in any county in the district as the court determines is necessary
  and convenient.
         SECTION 1.03.  Subchapter C, Chapter 22, Government Code, is
  amended by adding Section 22.2152 to read as follows:
         Sec. 22.2152.  REPORT ON FIFTEENTH COURT OF APPEALS.  Not
  later than December 1 of each year, the Office of Court
  Administration of the Texas Judicial System shall submit to the
  legislature a report on the number and types of cases heard by the
  Court of Appeals for the Fifteenth Court of Appeals District in the
  preceding state fiscal year.
         SECTION 1.04.  Section 22.216, Government Code, is amended
  by adding Subsections (n-1) and (n-2) to read as follows:
         (n-1)  The Court of Appeals for the Fifteenth Court of
  Appeals District consists of a chief justice and of four justices
  holding places numbered consecutively beginning with Place 2.
         (n-2)  Notwithstanding Subsection (n-1), the Court of
  Appeals for the Fifteenth Court of Appeals District consists of a
  chief justice and of two justices holding places numbered
  consecutively beginning with Place 2 for the first three years
  following the court's creation. This subsection expires September
  1, 2027.
         SECTION 1.05.  Section 22.220, Government Code, is amended
  by amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Except as provided by Subsection (d), each [Each] court
  of appeals has appellate jurisdiction of all civil cases within its
  district of which the district courts or county courts have
  jurisdiction when the amount in controversy or the judgment
  rendered exceeds $250, exclusive of interest and costs.
         (d)  The Court of Appeals for the Fifteenth Court of Appeals
  District has exclusive intermediate appellate jurisdiction over
  the following matters arising out of or related to a civil case:
               (1)  matters brought by or against the state or a board,
  commission, department, office, or other agency in the executive
  branch of the state government, including a university system or
  institution of higher education as defined by Section 61.003,
  Education Code, or by or against an officer or employee of the state
  or a board, commission, department, office, or other agency in the
  executive branch of the state government arising out of that
  officer's or employee's official conduct, other than:
                     (A)  a proceeding brought under the Family Code
  and any related motion or proceeding;
                     (B)  a proceeding brought under Chapter 7B or
  Article 17.292, Code of Criminal Procedure;
                     (C)  a proceeding brought against a district
  attorney, a criminal district attorney, or a county attorney with
  criminal jurisdiction;
                     (D)  a proceeding relating to a mental health
  commitment;
                     (E)  a proceeding relating to civil asset
  forfeiture;
                     (F)  a condemnation proceeding for the
  acquisition of land or a proceeding related to eminent domain;
                     (G)  a proceeding brought under Chapter 101, Civil
  Practice and Remedies Code;
                     (H)  a claim of personal injury or wrongful death;
                     (I)  a proceeding brought under Chapter 125, Civil
  Practice and Remedies Code, to enjoin a common nuisance;
                     (J)  a proceeding brought under Chapter 55, Code
  of Criminal Procedure;
                     (K)  a proceeding under Chapter 22A, Government
  Code;
                     (L)  a proceeding brought under Subchapter E-1,
  Chapter 411, Government Code;
                     (M)  a proceeding brought under Chapter 21, Labor
  Code;
                     (N)  a removal action under Chapter 87, Local
  Government Code; or
                     (O)  a proceeding brought under Chapter 841,
  Health and Safety Code;
               (2)  matters in which a party to the proceeding files a
  petition, motion, or other pleading challenging the
  constitutionality or validity of a state statute or rule and the
  attorney general is a party to the case; and
               (3)  any other matter as provided by law.
         SECTION 1.06.  Section 22.221, Government Code, is amended
  by amending Subsection (b) and adding Subsections (c) and (c-1) to
  read as follows:
         (b)  Subject to Subsection (c-1), each [Each] court of
  appeals for a court of appeals district may issue all writs of
  mandamus, agreeable to the principles of law regulating those
  writs, against [:
               [(1)]  a judge of a district, statutory county,
  statutory probate county, or county court in the court of appeals
  district[;
               [(2)  a judge of a district court who is acting as a
  magistrate at a court of inquiry under Chapter 52, Code of Criminal
  Procedure, in the court of appeals district; or
               [(3)  an associate judge of a district or county court
  appointed by a judge under Chapter 201, Family Code, in the court of
  appeals district for the judge who appointed the associate judge].
         (c)  Each court of appeals for a court of appeals district,
  other than the Court of Appeals for the Fifteenth Court of Appeals
  District, may issue all writs of mandamus, agreeable to the
  principles of law regulating those writs, against:
               (1)  a judge of a district court who is acting as a
  magistrate at a court of inquiry under Chapter 52, Code of Criminal
  Procedure, in the court of appeals district; or
               (2)  an associate judge of a district or county court
  appointed by a judge under Chapter 201, Family Code, in the court of
  appeals district for the judge who appointed the associate judge.
         (c-1)  The original jurisdiction of the Court of Appeals for
  the Fifteenth Court of Appeals District to issue writs is limited to
  writs arising out of matters over which the court has exclusive
  intermediate appellate jurisdiction under Section 22.220(d).
         SECTION 1.07.  Section 22.229(a), Government Code, is
  amended to read as follows:
         (a)  An appellate judicial system fund is established for
  each court of appeals, other than the Court of Appeals of the
  Fifteenth Court of Appeals District, to:
               (1)  assist the court of appeals in the processing of
  appeals filed with the court of appeals from the county courts,
  statutory county courts, statutory probate courts, and district
  courts in the counties the court of appeals serves; and
               (2)  defray costs and expenses incurred in the
  operation of the court of appeals.
         SECTION 1.08.  Section 73.001, Government Code, is amended
  to read as follows:
         Sec. 73.001.  AUTHORITY TO TRANSFER. (a) Except as provided
  by Subsection (b), the [The] supreme court may order cases
  transferred from one court of appeals to another at any time that,
  in the opinion of the supreme court, there is good cause for the
  transfer.
         (b)  The supreme court may not transfer any case or
  proceeding properly filed in the Court of Appeals for the Fifteenth
  Court of Appeals District to another court of appeals for the
  purpose of equalizing the dockets of the courts of appeals.
         (c)  The supreme court shall adopt rules for: 
               (1)  transferring an appeal inappropriately filed in
  the Fifteenth Court of Appeals to a court of appeals with
  jurisdiction over the appeal; and
               (2)  transferring to the Fifteenth Court of Appeals
  from another court of appeals the appeals over which the Fifteenth
  Court of Appeals has exclusive intermediate appellate jurisdiction
  under Section 22.220(d).
         SECTION 1.09.  Section 659.012(a), Government Code, is
  amended to read as follows:
         (a)  Notwithstanding Section 659.011 and subject to
  Subsections (b) and (b-1):
               (1)  a judge of a district court is entitled to an
  annual base salary from the state as set by the General
  Appropriations Act in an amount equal to at least $140,000, except
  that the combined base salary of a district judge from all state and
  county sources, including compensation for any extrajudicial
  services performed on behalf of the county, may not exceed the
  amount that is $5,000 less than the maximum combined base salary
  from all state and county sources for a justice of a court of
  appeals other than a chief justice as determined under this
  subsection;
               (2)  except as provided by Subdivision (3), a justice
  of a court of appeals other than the chief justice is entitled to an
  annual base salary from the state in the amount equal to 110 percent
  of the state base salary of a district judge as set by the General
  Appropriations Act, except that the combined base salary of a
  justice of the court of appeals other than the chief justice from
  all state and county sources, including compensation for any
  extrajudicial services performed on behalf of the county, may not
  exceed the amount that is $5,000 less than the base salary for a
  justice of the supreme court as determined under this subsection;
               (3)  a justice of the Court of Appeals for the Fifteenth
  Court of Appeals District other than the chief justice is entitled
  to an annual base salary from the state in the amount equal to
  $5,000 less than 120 percent of the state base salary of a district
  judge as set by the General Appropriations Act;
               (4)  a justice of the supreme court other than the chief
  justice or a judge of the court of criminal appeals other than the
  presiding judge is entitled to an annual base salary from the state
  in the amount equal to 120 percent of the state base salary of a
  district judge as set by the General Appropriations Act; and
               (5) [(4)]  the chief justice or presiding judge of an
  appellate court is entitled to an annual base salary from the state
  in the amount equal to $2,500 more than the state base salary
  provided for the other justices or judges of the court, except that
  the combined base salary of the chief justice of a court of appeals
  from all state and county sources may not exceed the amount equal to
  $2,500 less than the base salary for a justice of the supreme court
  as determined under this subsection.
         SECTION 1.10.  Section 2001.038(f), Government Code, is
  amended to read as follows:
         (f)  A Travis County district court in which an action is
  brought under this section, on its own motion or the motion of any
  party, may request transfer of the action to the Court of Appeals
  for the Fifteenth [Third] Court of Appeals District if the district
  court finds that the public interest requires a prompt,
  authoritative determination of the validity or applicability of the
  rule in question and the case would ordinarily be appealed. After
  filing of the district court's request with the court of appeals,
  transfer of the action may be granted by the court of appeals if it
  agrees with the findings of the district court concerning the
  application of the statutory standards to the action. On entry of
  an order by the court of appeals granting transfer, the action is
  transferred to the court of appeals for decision, and the validity
  or applicability of the rule in question is subject to judicial
  review by the court of appeals. The administrative record and the
  district court record shall be filed by the district clerk with the
  clerk of the court of appeals. The court of appeals may direct the
  district court to conduct any necessary evidentiary hearings in
  connection with the action.
         SECTION 1.11.  Section 2001.176(c), Government Code, is
  amended to read as follows:
         (c)  A Travis County district court in which an action is
  brought under this section, on its own motion or on motion of any
  party, may request transfer of the action to the Court of Appeals
  for the Fifteenth [Third] Court of Appeals District if the district
  court finds that the public interest requires a prompt,
  authoritative determination of the legal issues in the case and the
  case would ordinarily be appealed. After filing of the district
  court's request with the court of appeals, transfer of the action
  may be granted by the court of appeals if it agrees with the
  findings of the district court concerning the application of the
  statutory standards to the action. On entry of an order by the
  court of appeals granting transfer, the action is transferred to
  the court of appeals for decision, and the agency decision in the
  contested case is subject to judicial review by the court of
  appeals. The administrative record and the district court record
  shall be filed by the district clerk with the clerk of the court of
  appeals. The court of appeals may direct the district court to
  conduct any necessary evidentiary hearings in connection with the
  action.
         SECTION 1.12.  Section 2301.751(a), Occupations Code, is
  amended to read as follows:
         (a)  A party to a proceeding affected by a final order, rule,
  or decision or other final action of the board with respect to a
  matter arising under this chapter or Chapter 503, Transportation
  Code, may seek judicial review of the action under the substantial
  evidence rule in:
               (1)  a district court in Travis County; or
               (2)  the court of appeals for the Fifteenth [Third]
  Court of Appeals District.
         SECTION 1.13.  Section 39.001(e), Utilities Code, is amended
  to read as follows:
         (e)  Judicial review of competition rules adopted by the
  commission shall be conducted under Chapter 2001, Government Code,
  except as otherwise provided by this chapter. Judicial review of
  the validity of competition rules shall be commenced in the Court of
  Appeals for the Fifteenth [Third] Court of Appeals District and
  shall be limited to the commission's rulemaking record. The
  rulemaking record consists of:
               (1)  the notice of the proposed rule;
               (2)  the comments of all interested persons;
               (3)  all studies, reports, memoranda, or other
  materials on which the commission relied in adopting the rule; and
               (4)  the order adopting the rule.
         SECTION 1.14.  (a) Except as otherwise provided by this Act,
  the Court of Appeals for the Fifteenth Court of Appeals District is
  created September 1, 2024.
         (b)  If the Court of Appeals for the Fifteenth Court of
  Appeals District is created, the initial vacancies in the offices
  of chief justice and justices of the court shall be filled by
  appointment.
         SECTION 1.15.  (a) The changes in law made by this Act apply
  to appeals perfected on or after September 1, 2024.
         (b)  On September 1, 2024, all cases pending in other courts
  of appeal that were filed on or after September 1, 2023, and of
  which the Court of Appeals for the Fifteenth Court of Appeals
  District has exclusive intermediate appellate jurisdiction are
  transferred to the Court of Appeals for the Fifteenth Court of
  Appeals District.
         (c)  When a case is transferred as provided by Subsection (b)
  of this section:
               (1)  all processes, writs, bonds, recognizances, or
  other obligations issued from the other courts of appeal are
  returnable to the Court of Appeals for the Fifteenth Court of
  Appeals District as if originally issued by that court; and
               (2)  the obligees on all bonds and recognizances taken
  in and for the other courts of appeal and all witnesses summoned to
  appear in another court of appeals are required to appear before the
  Court of Appeals for the Fifteenth Court of Appeals District as if
  originally required to appear before the Court of Appeals for the
  Fifteenth Court of Appeals District.
  ARTICLE 2. CONFORMING AMENDMENTS
         SECTION 2.01.  Article 4.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 4.01.  WHAT COURTS HAVE CRIMINAL JURISDICTION. The
  following courts have jurisdiction in criminal actions:
               1.  The Court of Criminal Appeals;
               2.  Courts of appeals, other than the Court of Appeals
  for the Fifteenth Court of Appeals District;
               3.  The district courts;
               4.  The criminal district courts;
               5.  The magistrates appointed by the judges of the
  district courts of Bexar County, Dallas County, Tarrant County, or
  Travis County that give preference to criminal cases and the
  magistrates appointed by the judges of the criminal district courts
  of Dallas County or Tarrant County;
               6.  The county courts;
               7.  All county courts at law with criminal
  jurisdiction;
               8.  County criminal courts;
               9.  Justice courts;
               10.  Municipal courts;
               11.  The magistrates appointed by the judges of the
  district courts of Lubbock County;
               12.  The magistrates appointed by the El Paso Council
  of Judges;
               13.  The magistrates appointed by the Collin County
  Commissioners Court;
               14.  The magistrates appointed by the Brazoria County
  Commissioners Court or the local administrative judge for Brazoria
  County; and
               15.  The magistrates appointed by the judges of the
  district courts of Tom Green County.
         SECTION 2.02.  Article 4.03, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 4.03.  COURTS OF APPEALS. The Courts of Appeals, other
  than the Court of Appeals for the Fifteenth Court of Appeals
  District, shall have appellate jurisdiction coextensive with the
  limits of their respective districts in all criminal cases except
  those in which the death penalty has been assessed. This article 
  [Article] shall not be so construed as to embrace any case which has
  been appealed from any inferior court to the county court, the
  county criminal court, or county court at law, in which the fine
  imposed or affirmed by the county court, the county criminal court
  or county court at law does not exceed one hundred dollars, unless
  the sole issue is the constitutionality of the statute or ordinance
  on which the conviction is based.
         SECTION 2.03.  Article 44.25, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 44.25.  CASES REMANDED. The courts of appeals, other
  than the Court of Appeals of the Fifteenth Court of Appeals
  District, or the Court of Criminal Appeals may reverse the judgment
  in a criminal action, as well upon the law as upon the facts.
         SECTION 2.04.  Section 31.001, Government Code, is amended
  to read as follows:
         Sec. 31.001.  AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
  The commissioners courts in the counties of each of the 15 [14]
  courts of appeals districts may pay additional compensation in an
  amount that does not exceed the limitations of Section 659.012 to
  each of the justices of the courts of appeals, other than a justice
  of the Court of Appeals of the Fifteenth Court of Appeals District,
  residing within the court of appeals district that includes those
  counties. The compensation is for all extrajudicial services
  performed by the justices.
  ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; CONSTITUTIONAL
  CHALLENGE; EFFECTIVE DATE
         SECTION 3.01.  (a) Notwithstanding Section 22.201(a),
  Government Code, as amended by this Act, and Sections 22.201(p) and
  22.2151, Government Code, as added by this Act, the Court of Appeals
  for the Fifteenth Court of Appeals District is not created unless
  the legislature makes a specific appropriation of money for that
  purpose. For purposes of this subsection, a specific appropriation
  is an appropriation identifying the Court of Appeals for the
  Fifteenth Court of Appeals District or an Act of the 88th
  Legislature, Regular Session, 2023, relating to the creation of the
  Court of Appeals for the Fifteenth Court of Appeals District.
         (b)  Notwithstanding Section 22.220(a), Government Code, as
  amended by this Act, a court of appeals has the same jurisdiction
  the court had on August 31, 2023, if the Court of Appeals for the
  Fifteenth Court of Appeals District is not created as a result of
  Subsection (a) of this section.
         SECTION 3.02.  The Texas Supreme Court has exclusive and
  original jurisdiction over a challenge to the constitutionality of
  this Act or any part of this Act and may issue injunctive or
  declaratory relief in connection with the challenge.
         SECTION 3.03.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1045 passed the Senate on
  March 30, 2023, by the following vote: Yeas 19, Nays 12; and that
  the Senate concurred in House amendments on May 21, 2023, by the
  following vote: Yeas 19, Nays 12.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1045 passed the House, with
  amendments, on May 19, 2023, by the following vote: Yeas 91,
  Nays 47, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor