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A BILL TO BE ENTITLED
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AN ACT
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relating to the reorganization of the court of appeals districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.201(a), (b), (c), (d), (e), and (f), |
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Government Code, are amended to read as follows: |
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(a) The state is organized into six [15] courts of appeals |
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districts with a court of appeals in each district. |
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(b) The [First] Court of Appeals District A is composed of |
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the counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, |
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Galveston, Grimes, Hardin, Harris, Jasper, Jefferson, Liberty, |
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Montgomery, Newton, Orange, Polk, San Jacinto, Tyler, Waller, [and] |
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Washington, and Wharton. |
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(c) The [Second] Court of Appeals District B is composed of |
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the counties of Archer, Bosque, Brazos, Burleson, Clay, Coryell, |
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Ellis, Falls, Hamilton, Hill, [Cooke, Denton,] Hood, Jack, Johnson, |
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Limestone, McLennan, [Montague,] Parker, Robertson, Somervell, |
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Tarrant, Wichita, Wise, and Young. |
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(d) The [Third] Court of Appeals District C is composed of |
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the counties of Armstrong, Bailey, Bastrop, Baylor, Bell, Blanco, |
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Borden, Briscoe, Brown, Burnet, Caldwell, Callahan, Carson, |
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Castro, Childress, Cochran, Coke, Coleman, Collingsworth, Comal, |
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Comanche, Concho, Cottle, Crosby, Dallam, Dawson, Deaf Smith, |
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Dickens, Donley, Eastland, Ector, Erath, Fayette, Fisher, Floyd, |
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Foard, Gaines, Garza, Glasscock, Gray, Hale, Hall, Hansford, |
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Hardeman, Hartley, Haskell, Hays, Hemphill, Hockley, Howard, |
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Hutchinson, Irion, Jones, Kent, King, Knox, Lamb, Lampasas, Lee, |
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Llano, Lubbock, Lynn, Martin, McCulloch, Midland, Milam, Mills, |
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Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, |
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Parmer, Potter, Randall, Roberts, Runnels, San Saba, Schleicher, |
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Scurry, Shackleford, Sherman, Stephens, Sterling, Stonewall, |
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Swisher, Taylor, Terry, Throckmorton, Tom Green, Travis, |
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Wilbarger, [and] Williamson, Wheeler, and Yoakum. |
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(e) The [Fourth] Court of Appeals District D is composed of |
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the counties of Andrews, Aransas, Atascosa, Bandera, Bee, Bexar, |
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Brewster, Brooks, Calhoun, Cameron, Crane, Crockett, Culberson, |
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DeWitt, Dimmit, Duval, Edwards, El Paso, Frio, Gillespie, Goliad, |
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Gonzales, Guadalupe, Hidalgo, Hudspeth, Jackson, Jeff Davis, Jim |
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Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney, |
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Kleberg, LaSalle, Lavaca, Live Oak, Loving, [McMullen,] Mason, |
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Matagorda, Maverick, McMullen, Medina, Menard, Nueces, Pecos, |
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Presidio, Reagan, Real, Reeves, Refugio, San Patricio, Starr, |
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Sutton, Terrell, Upton, Uvalde, Val Verde, Victoria, Ward, Webb, |
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Willacy, Wilson, Winkler, Zapata, and Zavala. |
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(f) The [Fifth] Court of Appeals District E is composed of |
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the counties of Anderson, Angelina, Bowie, Camp, Cass, Cherokee, |
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Collin, Cooke, Dallas, Delta, Denton, Fannin, Franklin, Freestone, |
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Grayson, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt, |
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Kaufman, Lamar, Leon, Madison, Marion, Montague, Morris, |
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Nacogdoches, Navarro, Panola, Raines, Red River, [and] Rockwall, |
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Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Trinity, Upshur, |
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Van Zandt, Walker, and Wood. |
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SECTION 2. The heading to Section 22.202, Government Code, |
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is amended to read as follows: |
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Sec. 22.202. [FIRST] COURT OF APPEALS: APPELLATE DISTRICT |
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A. |
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SECTION 3. Sections 22.202(a) and (g), Government Code, are |
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amended to read as follows: |
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(a) The Court of Appeals for Appellate [the First Court of |
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Appeals] District A shall be held in the cities [City] of Houston |
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and Beaumont. |
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(g) The court [First Court of Appeals] may transact its |
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business in any county in the district [First Court of Appeals |
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District] as the court determines necessary and convenient. |
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SECTION 4. The heading to Section 22.203, Government Code, |
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is amended to read as follows: |
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Sec. 22.203. [SECOND] COURT OF APPEALS: APPELLATE DISTRICT |
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B. |
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SECTION 5. Section 22.203(a), Government Code, is amended |
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to read as follows: |
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(a) The Court of Appeals for Appellate [the Second Court of |
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Appeals] District B shall be held in the cities [City] of Fort Worth |
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and Waco. |
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SECTION 6. The heading to Section 22.204, Government Code, |
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is amended to read as follows: |
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Sec. 22.204. [THIRD] COURT OF APPEALS: APPELLATE DISTRICT |
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C. |
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SECTION 7. Sections 22.204(a) and (b), Government Code, are |
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amended to read as follows: |
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(a) The Court of Appeals for Appellate [the Third Court of |
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Appeals] District C shall be held in the cities [City] of Austin, |
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Amarillo, and Eastland. |
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(b) The court may transact its business in any [at the] |
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county in the [seat of any of the counties within its] district as |
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the court determines is necessary and convenient[, except that all |
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cases originating in Travis County shall be heard and transacted in |
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that county]. |
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SECTION 8. Section 22.205, Government Code, is amended to |
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read as follows: |
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Sec. 22.205. [FOURTH] COURT OF APPEALS: APPELLATE DISTRICT |
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D. (a) The Court of Appeals for Appellate [the Fourth Court of |
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Appeals] District D shall be held in the cities [City] of San |
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Antonio, Corpus Christi, and El Paso. |
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(b) The court may transact its business in any [at the] |
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county in the [seat of any of the counties within its] district[,] |
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as the court determines is necessary and convenient, except that |
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all cases originating in Bexar County that the court hears shall be |
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heard and transacted in that county. |
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SECTION 9. The heading to Section 22.206, Government Code, |
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is amended to read as follows: |
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Sec. 22.206. [FIFTH] COURT OF APPEALS: APPELLATE DISTRICT |
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E. |
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SECTION 10. Section 22.206(a), Government Code, is amended |
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to read as follows: |
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(a) The Court of Appeals for Appellate [the Fifth Court of |
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Appeals] District E shall be primarily held in the cities [City] of |
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Dallas, Texarkana, and Tyler. |
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SECTION 11. Sections 22.216(a), (b), (c), (d), and (e), |
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Government Code, are amended to read as follows: |
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(a) The Court of Appeals for [the First] Court of Appeals |
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District A consists of a chief justice and of 21 [eight] justices |
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holding places numbered consecutively beginning with Place 2. |
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(b) The Court of Appeals for [the Second] Court of Appeals |
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District B consists of a chief justice and of nine [six] justices |
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holding places numbered consecutively beginning with Place 2. |
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(c) The Court of Appeals for [the Third] Court of Appeals |
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District C consists of a chief justice and of 12 [five] justices |
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holding places numbered consecutively beginning with Place 2. |
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(d) The Court of Appeals for [the Fourth] Court of Appeals |
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District D consists of a chief justice and of 15 [six] justices |
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holding places numbered consecutively beginning with Place 2. |
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(e) The Court of Appeals for [the Fifth] Court of Appeals |
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District E consists of a chief justice and of 18 [12] justices |
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holding places numbered consecutively beginning with Place 2. |
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SECTION 12. Section 75.014(d), Government Code, is amended |
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to read as follows: |
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(d) The offices, courtrooms, physical facilities, |
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equipment, furniture, and books provided by the El Paso |
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Commissioners Court for the court system and its auxiliary |
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services, judges, and court personnel, except for the Court of |
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Appeals for Appellate [the Eighth Court of Appeals] District D, |
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shall be allocated and utilized as provided by a majority vote of |
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the council of judges. |
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SECTION 13. The following provisions of the Government Code |
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are repealed: |
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(1) Sections 22.201(g), (h), (i), (j), (k), (l), (m), |
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(n), and (o); |
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(2) Sections 22.202(b), (c), (d), (e), (f), (h), and |
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(i); |
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(3) Section 22.203(g); |
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(4) Sections 22.204(c), (d), (e), and (f); |
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(5) Section 22.206(c); |
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(6) Sections 22.207, 22.208, 22.209, 22.210, 22.211, |
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22.212, 22.213, 22.214, and 22.215; and |
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(7) Sections 22.216(f), (g), (h), (i), (j), (k), (l), |
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(m), and (n). |
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SECTION 14. (a) On the effective date of this Act: |
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(1) the person serving as chief justice of the |
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Fourteenth Court of Appeals becomes the chief justice of the court |
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of appeals for Appellate District A, and the persons serving as |
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chief justices of the First and Ninth Courts of Appeals become |
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deputy chief justices of the court of appeals for Appellate |
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District A but retain the justices' classification and compensation |
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as chief justices; |
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(2) the person serving as chief justice of the Tenth |
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Court of Appeals becomes the chief justice of the court of appeals |
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for Appellate District B, and the person serving as chief justice of |
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the Second Court of Appeals becomes deputy chief justice of the |
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court of appeals for Appellate District B but retains the justice's |
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classification and compensation as a chief justice; |
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(3) the person serving as chief justice of the Seventh |
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Court of Appeals becomes the chief justice of the court of appeals |
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for Appellate District C, and the persons serving as chief justices |
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of the Third and Eleventh Courts of Appeals become deputy chief |
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justices of the court of appeals for Appellate District C but retain |
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the justices' classification and compensation as chief justices; |
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(4) the person serving as chief justice of the |
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Thirteenth Court of Appeals becomes the chief justice of the court |
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of appeals for Appellate District D, and the persons serving as |
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chief justices of the Fourth and Eighth Courts of Appeals become |
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deputy chief justices of the court of appeals for Appellate |
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District D but retain the justices' classification and compensation |
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as chief justices; and |
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(5) the person serving as chief justice of the Twelfth |
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Court of Appeals becomes the chief justice of the court of appeals |
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for Appellate District E, and the persons serving as chief justices |
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of the Fifth and Sixth Courts of Appeals become deputy chief |
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justices of the court of appeals for Appellate District E but retain |
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the justices' classification and compensation as chief justices. |
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(b) When a person who became a deputy chief justice of a |
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court of appeals for an appellate district as provided by |
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Subsection (a) of this section leaves office, a person appointed or |
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elected to fill the justice's place becomes a justice of the |
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appellate district and not a deputy chief justice. |
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(c) A person who is justice of a court of appeals serving on |
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the effective date of this Act and who resides in a county |
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transferred by this Act from a court of appeals district to another |
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court of appeals district becomes a member of the court of appeals |
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of the appellate district to which the county is transferred for the |
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period the person was elected or appointed as justice to a court of |
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appeals. |
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(d) If more than two persons serving as justices of a court |
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of appeals on the effective date of this Act reside in a county |
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transferred by this Act from a court of appeals district to another |
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court of appeals district and the number of justices for that |
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appellate district would exceed the number of justices provided |
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under Section 22.216, Government Code, as amended by this Act, |
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those justices shall draw lots as prescribed by the Texas Supreme |
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Court to determine which justices shall become members of the court |
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of appeals. A justice who resides in a county transferred to |
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another court of appeals district who does not become a justice of |
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the court of appeals of the appellate district to which the county |
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is transferred must establish residency in a county in another |
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court of appeals district with open justice positions not later |
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than January 1, 2026. A justice who does not comply with this |
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subsection vacates the justice's position as of January 1, 2026. |
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(e) On the effective date of this Act: |
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(1) the person serving as clerk of the Fourteenth |
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Court of Appeals becomes the clerk of the court of appeals for |
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Appellate District A, and the person serving as clerk of the Ninth |
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Court of Appeals becomes senior deputy clerk of the court of appeals |
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for Appellate District A but retains the person's classification |
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and compensation as clerk of the court; |
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(2) the person serving as clerk of the Second Court of |
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Appeals becomes the clerk of the court of appeals for Appellate |
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District B, and the person serving as clerk of the Tenth Court of |
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Appeals becomes senior deputy clerk of the court of appeals for |
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Appellate District B but retains the person's classification and |
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compensation as clerk of the court; |
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(3) the person serving as clerk of the Third Court of |
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Appeals becomes the clerk of the court of appeals for Appellate |
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District C, and the persons serving as clerks of the Seventh and |
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Eleventh Courts of Appeals become senior deputy clerks of the court |
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of appeals for Appellate District C but retain the persons' |
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classification and compensation as clerks of the court; |
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(4) the person serving as clerk of the Thirteenth |
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Court of Appeals becomes the clerk of the court of appeals for |
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Appellate District D, and the persons serving as clerks of the |
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Fourth and Eighth Courts of Appeals become senior deputy clerks of |
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the court of appeals for Appellate District D but retain the |
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persons' classification and compensation as clerks of the court; |
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and |
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(5) the person serving as clerk of the Fifth Court of |
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Appeals becomes the clerk of the court of appeals for Appellate |
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District E, and the persons serving as clerks of the Sixth and |
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Twelfth Courts of Appeals become senior deputy clerks of the court |
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of appeals for Appellate District E but retain the persons' |
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classification and compensation as clerks of the court. |
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(f) When a person serving as senior deputy clerk of a court |
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of appeals for an appellate district as provided by Subsection (e) |
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of this section leaves office, a person may be appointed to fill |
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that position as a clerk and not a senior deputy clerk. |
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(g) The Texas Supreme Court may adopt rules and establish |
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the procedures necessary to implement this Act. |
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SECTION 15. This Act does not affect the jurisdiction on |
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appeal of any case from a county that is transferred by this Act to a |
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different court of appeals district if the transcripts for the case |
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were filed before the effective date of this Act in the appropriate |
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court of appeals district. |
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SECTION 16. This Act takes effect September 1, 2025. |