By: Stephenson H.B. No. 474       A BILL TO BE ENTITLED   AN ACT   relating to the Thirteenth Court of Appeals District and to the   creation of the Fifteenth Court of Appeals District; authorizing   fees.          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 Sections 22.2151 and 22.2152 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.          (h)  Notwithstanding any other law, all court fees and costs   collected by the Thirteenth Court of Appeals and the Fifteenth   Court of Appeals shall be equally divided between the two courts.   This subsection expires August 31, 2027.          Sec. 22.2152.  APPELLATE JUDICIAL SYSTEM.  (a)  The   commissioners court of each county in the Fifteenth Court of   Appeals District, by order entered in its minutes, shall establish   an appellate judicial system to:                (1)  assist the court of appeals for the county in the   processing of appeals filed with the court of appeals from the   county courts, county courts at law, probate courts, and district   courts; and                (2)  defray costs and expenses incurred by the county   under Section 22.2151.          (b)  To fund the system, the commissioners court shall set a   court costs fee of not more than $5 for each civil suit filed in a   county court, county court at law, probate court, or district court   in the county.          (c)  The court costs fee does not apply to a suit filed by the   county or to a suit for delinquent taxes.          (d)  The court costs fee shall be taxed, collected, and paid   as other court costs in a suit. The clerk of the court shall collect   the court costs fee set under this section and pay it to the county   officer who performs the county treasurer's functions. That   officer shall deposit the fee in a separate appellate judicial   system fund. The commissioners court shall administer the fund to   accomplish the purposes described by Subsection (a). The fund may   not be used for any other purpose.          (e)  Not later than the 91st day of each county fiscal year,   the commissioners court shall order the balance remaining in the   appellate judicial system fund at the close of the previous fiscal   year to be forwarded to the court of appeals for expenditure by the   court of appeals for the court's judicial system.          (f)  The commissioners court shall vest management of the   system in the chief justice of the court of appeals in the district.          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.  Subchapter D, Chapter 101, Government Code, is   amended by adding Section 101.06111 to read as follows:          Sec. 101.06111.  ADDITIONAL DISTRICT COURT FEES: GOVERNMENT   CODE. The clerk of a district court shall collect an appellate   judicial system filing fee of not more than $5 for the Fifteenth   Court of Appeals District under Section 22.2152.          SECTION 7.  Subchapter E, Chapter 101, Government Code, is   amended by adding Section 101.08111 to read as follows:          Sec. 101.08111.  ADDITIONAL STATUTORY COUNTY COURT FEES:   GOVERNMENT CODE. The clerk of a statutory county court shall   collect an appellate judicial system filing fee of not more than $5   for the Fifteenth Court of Appeals District under Section 22.2152.          SECTION 8.  Subchapter F, Chapter 101, Government Code, is   amended by adding Section 101.10111 to read as follows:          Sec. 101.10111.  ADDITIONAL STATUTORY PROBATE COURT FEES:   GOVERNMENT CODE.  The clerk of a statutory probate court shall   collect an appellate judicial system filing fee of not more than $5   for the Fifteenth Court of Appeals District under Section 22.2152.          SECTION 9.  Subchapter G, Chapter 101, Government Code, is   amended by adding Section 101.12121 to read as follows:          Sec. 101.12121.  ADDITIONAL COUNTY COURT FEES: GOVERNMENT   CODE.  The clerk of a county court shall collect an appellate   judicial system filing fee of not more than $5 for the Fifteenth   Court of Appeals District under Section 22.2152.          SECTION 10.  (a)  A justice of the Thirteenth Court of   Appeals who is serving on September 1, 2017, 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,   2016. A justice who does not comply with this subsection vacates the   justice's position as of January 1, 2018.          (c)  The person serving as chief justice of the Thirteenth   Court of Appeals on September 1, 2017, 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.          (e)  The money appropriated by the 85th Legislature, Regular   Session, 2017, for the Thirteenth Court of Appeals for the state   fiscal biennium beginning September 1, 2017, shall be equally   divided between the Thirteenth Court of Appeals and Fifteenth Court   of Appeals.     No additional money may be appropriated to the   Fifteenth Court of Appeals District.          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, 2017.