Bill Text: TX HB2880 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the organization of the Court of Appeals for the Thirteenth Court of Appeals District and to the creation of the Fifteenth Court of Appeals District.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-17 - Referred to Judiciary & Civil Jurisprudence [HB2880 Detail]

Download: Texas-2011-HB2880-Introduced.html

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82R9652 YDB-F
By: Scott H.B. No. 2880

A BILL TO BE ENTITLED
AN ACT
relating to the organization of the Court of Appeals for the
Thirteenth Court of Appeals District and to the creation of the
Fifteenth Court of Appeals District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.201, Government Code, is amended by
amending Subsections (a) and (n) and adding Subsection (p) to read
as follows:
(a) The state is divided into 15 [14] courts of appeals
districts with a court of appeals in each district.
(n) The Thirteenth Court of Appeals District is composed of
the counties of Aransas, Bee, Calhoun, [Cameron,] DeWitt, Goliad,
Gonzales, [Hidalgo,] Jackson, Kenedy, Kleberg, Lavaca, Live Oak,
Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton[,
and Willacy].
(p) The Fifteenth Court of Appeals District is composed of
the counties of Cameron, Hidalgo, and Willacy.
SECTION 2. Sections 22.214(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The Court of Appeals for the Thirteenth Court of Appeals
District shall be held in the City of Corpus Christi [and the City
of Edinburg].
(b) Nueces County shall furnish and equip suitable rooms in
the City of Corpus Christi [and Hidalgo County shall furnish and
equip suitable rooms in the City of Edinburg] for the court and the
justices without expense to the state.
(c) The court may transact its business at the county seat
of any county in the district as the court determines is necessary
and convenient[, except that:
[(1) all cases originating in Nueces County shall be
heard and transacted in Nueces County; and
[(2) all cases originating in Cameron, Hidalgo, or
Willacy County shall be heard and transacted in Cameron, Hidalgo,
or Willacy County].
SECTION 3. 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 Edinburg.
(b) Hidalgo County shall furnish and equip suitable rooms in
the City of Edinburg for the court and the justices without expense
to the state.
(c) The court may transact its business at the county seat
of any county in the district as the court determines is necessary
and convenient.
(d) The commissioners courts of the counties in the district
by adopting concurrent orders may authorize the payment of an
automobile allowance in an amount not to exceed $15,000 annually to
each of the justices of the court for automobile expenses incurred
in performing official duties.
(e) The automobile allowance authorized by Subsection (d)
is not subject to:
(1) the limitations on additional compensation paid to
a justice of a court of appeals district imposed by Section 31.003;
or
(2) the salary differentials provided by Subchapter B,
Chapter 659.
(f) Hidalgo County shall each fiscal year pay the total
amount of the supplemental salaries, car allowances, and fringe
benefits to the justices of the court. Each county composing the
district, except Hidalgo County, shall annually reimburse Hidalgo
County for that county's portion of the total amount paid under this
subsection by Hidalgo County during the preceding fiscal year.
Each county in the district, including Hidalgo County, is liable
for a share of the total amount paid, based on the proportion that
county's population bears to the total population of all the
counties in the district.
(g) The Commissioners Court of Hidalgo County shall provide
to each county liable for the reimbursement under Subsection (f) a
statement of that county's share. The statement must be approved by
the chief justice of the Court of Appeals for the Fifteenth Court of
Appeals District. A county shall pay its share of the reimbursement
not later than the 60th day after the beginning of the county's
fiscal year.
SECTION 4. Section 22.216, Government Code, is amended by
amending Subsection (m) and adding Subsection (n-1) to read as
follows:
(m) The Court of Appeals for the Thirteenth Court of Appeals
District consists of a chief justice and of two [five] justices
holding places numbered consecutively beginning with Place 2.
(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.
SECTION 5. 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 residing within the
court of appeals district that includes those counties. The
compensation is for all extrajudicial services performed by the
justices.
SECTION 6. Section 101.0611, Government Code, is amended to
read as follows:
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; [and]
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5; and
(I) Fifteenth Court of Appeals District (Sec.
22.2151, Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(4) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(7) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(8) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(9) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county
clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
(17) jury fee (Sec. 51.604, Government Code) . . .
$30;
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code (Sec. 51.961, Government Code) . . . not to exceed $15;
(19) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government Code) . . .
as assessed by the referring court or associate judge; and
(20) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code) . . . as imposed by the referring court or
associate judge.
SECTION 7. Section 101.0811, Government Code, is amended to
read as follows:
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND
COSTS: GOVERNMENT CODE. The clerk of a statutory county court
shall collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; [and]
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5; and
(I) Fifteenth Court of Appeals District (Sec.
22.2151, Government Code) . . . not more than $5;
(2) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(3) in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in a county court at law in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary (Sec.
51.702, Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(8) the official court reporter's fee taxed as costs in
civil actions in a statutory county court:
(A) in Bexar County Courts at Law:
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
(Sec. 25.0172, Government Code) . . . taxed in the same manner as
the fee is taxed in district court; and
(ii) No. 2 (Sec. 25.0172, Government Code)
. . . $3;
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts; and
(C) in Parker County (Sec. 25.1862, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts;
(9) a stenographer's fee as costs in each civil,
criminal, and probate case in which a record is made by the official
court reporter in a statutory county court in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(10) in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases; and
(11) a fee not otherwise listed in this subchapter
that is required to be collected under Section 25.0008, Government
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
Victoria, and Williamson . . . as prescribed by law relating to
county judges' fees.
SECTION 8. Section 101.1011, Government Code, is amended to
read as follows:
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND
COSTS: GOVERNMENT CODE. The clerk of a statutory probate court
shall collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; [and]
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5; and
(I) Fifteenth Court of Appeals District (Sec.
22.2151, Government Code) . . . not more than $5;
(2) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary (Sec. 51.704,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(3) jury fee for civil case (Sec. 51.604, Government
Code) . . . $22;
(4) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54.612, Government Code) . . . actual cost; and
(5) a fee not otherwise listed in this subchapter that
is required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law relating
to county judges' fees.
SECTION 9. Section 101.1212, Government Code, is amended to
read as follows:
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a county court shall collect the following fees
and costs under the Government Code:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; [and]
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5; and
(I) Fifteenth Court of Appeals District (Sec.
22.2151, Government Code) . . . not more than $5;
(2) a jury fee (Sec. 51.604, Government Code) . . .
$22; and
(3) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary (Sec.
51.703, Government Code) . . . $40.
SECTION 10. (a) A justice of the Thirteenth Court of
Appeals who is serving on September 1, 2011, and who resides in a
county that is transferred by this Act from the Thirteenth Court of
Appeals District to the Fifteenth Court of Appeals District becomes
a member of the Fifteenth Court of Appeals for the period for which
elected or appointed to the Thirteenth Court of Appeals.
(b) If more than two justices of the Thirteenth Court of
Appeals reside in a county transferred to the Fifteenth Court of
Appeals District, those justices shall draw lots to determine which
justices shall become members of the Fifteenth Court of Appeals. A
justice who resides in a county transferred to the Fifteenth Court
of Appeals District who does not become a justice of the Fifteenth
Court of Appeals must establish residency in a county in the
Thirteenth Court of Appeals District not later than January 1,
2012. A justice who does not comply with this subsection vacates
the justice's position as of January 1, 2012.
(c) The person serving as chief justice of the Thirteenth
Court of Appeals on September 1, 2011, becomes the chief justice of
the Fifteenth Court of Appeals for the period for which elected or
appointed to the Thirteenth Court of Appeals. From among the
justices of the Thirteenth Court of Appeals who remain on that
court, the governor shall designate the chief justice for that
court, who serves, unless otherwise removed from office, the term
to which the justice was elected or appointed.
(d) A justice of the Thirteenth Court of Appeals who remains
a justice of that court continues to serve for the period for which
elected or appointed.
SECTION 11. This Act does not affect the jurisdiction on
appeal of any case from a county that is transferred by this Act to a
different court of appeals district if the transcripts for the case
were filed before the effective date of this Act in the appropriate
court of appeals district.
SECTION 12. This Act takes effect September 1, 2011.