| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the jurisdiction of the Fifteenth Court of Appeals. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 22.220(d), Government Code, is amended |
|
|
read as follows: |
|
|
(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. |
|
|
(4) No civil notice of appeal filed in a trial court |
|
|
shall designate that it should be assigned to the Court of Appeals |
|
|
for the Fifteenth Court of Appeals District unless a matter being |
|
|
appealed falls within the Court of Appeals for the Fifteenth Court |
|
|
of Appeals District's exclusive jurisdiction. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
an appeal commenced by the filing of a notice of appeal on or after |
|
|
the effective date of this Act. An appeal commenced by filing a |
|
|
notice of appeals before the effective date of this Act is governed |
|
|
by the law applicable to that appeal immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |