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A BILL TO BE ENTITLED
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AN ACT
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relating to the Thirteenth Court of Appeals District and to the |
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creation of the Fifteenth Court of Appeals District; authorizing |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.201, Government Code, is amended by |
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amending Subsections (a) and (n) and adding Subsection (p) to read |
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as follows: |
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(a) The state is divided into 15 [14] courts of appeals |
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districts with a court of appeals in each district. |
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(n) The Thirteenth Court of Appeals District is composed of |
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the counties of Aransas, Bee, Calhoun, [Cameron,] DeWitt, Goliad, |
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Gonzales, [Hidalgo,] Jackson, Kenedy, Kleberg, Lavaca, Live Oak, |
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Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton[,
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and Willacy]. |
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(p) The Fifteenth Court of Appeals District is composed of |
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the counties of Cameron, Hidalgo, and Willacy. |
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SECTION 2. Sections 22.214(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) The Court of Appeals for the Thirteenth Court of Appeals |
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District shall be held in the City of Corpus Christi [and the City
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of Edinburg]. |
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(b) Nueces County shall furnish and equip suitable rooms in |
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the City of Corpus Christi [and Hidalgo County shall furnish and
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equip suitable rooms in the City of Edinburg] for the court and the |
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justices without expense to the state. |
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(c) The court may transact its business at the county seat |
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of any county in the district as the court determines is necessary |
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and convenient[, except that:
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[(1)
all cases originating in Nueces County shall be
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heard and transacted in Nueces County; and
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[(2)
all cases originating in Cameron, Hidalgo, or
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Willacy County shall be heard and transacted in Cameron, Hidalgo,
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or Willacy County]. |
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SECTION 3. Subchapter C, Chapter 22, Government Code, is |
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amended by adding Sections 22.2151 and 22.2152 to read as follows: |
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Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of |
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Appeals for the Fifteenth Court of Appeals District shall be held in |
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the City of Edinburg. |
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(b) Hidalgo County shall furnish and equip suitable rooms in |
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the City of Edinburg for the court and the justices without expense |
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to the state. |
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(c) The court may transact its business at the county seat |
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of any county in the district as the court determines is necessary |
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and convenient. |
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(d) The commissioners courts of the counties in the district |
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by adopting concurrent orders may authorize the payment of an |
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automobile allowance in an amount not to exceed $15,000 annually to |
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each of the justices of the court for automobile expenses incurred |
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in performing official duties. |
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(e) The automobile allowance authorized by Subsection (d) |
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is not subject to: |
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(1) the limitations on additional compensation paid to |
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a justice of a court of appeals district imposed by Section 31.003; |
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or |
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(2) the salary differentials provided by Subchapter B, |
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Chapter 659. |
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(f) Hidalgo County shall each fiscal year pay the total |
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amount of the supplemental salaries, car allowances, and fringe |
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benefits to the justices of the court. Each county composing the |
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district, except Hidalgo County, shall annually reimburse Hidalgo |
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County for that county's portion of the total amount paid under this |
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subsection by Hidalgo County during the preceding fiscal year. |
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Each county in the district, including Hidalgo County, is liable |
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for a share of the total amount paid, based on the proportion that |
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county's population bears to the total population of all the |
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counties in the district. |
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(g) The Commissioners Court of Hidalgo County shall provide |
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to each county liable for the reimbursement under Subsection (f) a |
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statement of that county's share. The statement must be approved by |
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the chief justice of the Court of Appeals for the Fifteenth Court of |
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Appeals District. A county shall pay its share of the reimbursement |
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not later than the 60th day after the beginning of the county's |
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fiscal year. |
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(h) Notwithstanding any other law, all court fees and costs |
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collected by the Thirteenth Court of Appeals and the Fifteenth |
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Court of Appeals shall be equally divided between the two courts. |
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This subsection expires August 31, 2025. |
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Sec. 22.2152. APPELLATE JUDICIAL SYSTEM. (a) The |
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commissioners court of each county in the Fifteenth Court of |
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Appeals District, by order entered in its minutes, shall establish |
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an appellate judicial system to: |
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(1) assist the court of appeals for the county in the |
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processing of appeals filed with the court of appeals from the |
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county courts, county courts at law, probate courts, and district |
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courts; and |
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(2) defray costs and expenses incurred by the county |
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under Section 22.2151. |
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(b) To fund the system, the commissioners court shall set a |
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court costs fee of not more than $5 for each civil suit filed in a |
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county court, county court at law, probate court, or district court |
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in the county. |
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(c) The court costs fee does not apply to a suit filed by the |
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county or to a suit for delinquent taxes. |
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(d) The court costs fee shall be taxed, collected, and paid |
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as other court costs in a suit. The clerk of the court shall collect |
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the court costs fee set under this section and pay it to the county |
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officer who performs the county treasurer's functions. That |
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officer shall deposit the fee in a separate appellate judicial |
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system fund. The commissioners court shall administer the fund to |
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accomplish the purposes described by Subsection (a). The fund may |
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not be used for any other purpose. |
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(e) Not later than the 91st day of each county fiscal year, |
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the commissioners court shall order the balance remaining in the |
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appellate judicial system fund at the close of the previous fiscal |
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year to be forwarded to the court of appeals for expenditure by the |
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court of appeals for the court's judicial system. |
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(f) The commissioners court shall vest management of the |
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system in the chief justice of the court of appeals in the district. |
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SECTION 4. Section 22.216, Government Code, is amended by |
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amending Subsection (m) and adding Subsection (n-1) to read as |
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follows: |
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(m) The Court of Appeals for the Thirteenth Court of Appeals |
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District consists of a chief justice and of two [five] justices |
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holding places numbered consecutively beginning with Place 2. |
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(n-1) The Court of Appeals for the Fifteenth Court of |
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Appeals District consists of a chief justice and of two justices |
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holding places numbered consecutively beginning with Place 2. |
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SECTION 5. Section 31.001, Government Code, is amended to |
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read as follows: |
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Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION. |
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The commissioners courts in the counties of each of the 15 [14] |
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courts of appeals districts may pay additional compensation in an |
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amount that does not exceed the limitations of Section 659.012 to |
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each of the justices of the courts of appeals residing within the |
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court of appeals district that includes those counties. The |
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compensation is for all extrajudicial services performed by the |
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justices. |
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SECTION 6. Subchapter D, Chapter 101, Government Code, is |
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amended by adding Section 101.06111 to read as follows: |
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Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
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CODE. The clerk of a district court shall collect an appellate |
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judicial system filing fee of not more than $5 for the Fifteenth |
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Court of Appeals District under Section 22.2152. |
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SECTION 7. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.08111 to read as follows: |
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Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT |
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FEES: GOVERNMENT CODE. The clerk of a statutory county court |
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shall collect an appellate judicial system filing fee of not more |
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than $5 for the Fifteenth Court of Appeals District under Section |
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22.2152. |
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SECTION 8. Subchapter F, Chapter 101, Government Code, is |
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amended by adding Section 101.10111 to read as follows: |
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Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT |
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FEES: GOVERNMENT CODE. The clerk of a statutory probate court |
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shall collect an appellate judicial system filing fee of not more |
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than $5 for the Fifteenth Court of Appeals District under Section |
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22.2152. |
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SECTION 9. Subchapter G, Chapter 101, Government Code, is |
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amended by adding Section 101.12121 to read as follows: |
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Sec. 101.12121. ADDITIONAL COUNTY COURT FEES: GOVERNMENT |
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CODE. The clerk of a county court shall collect an appellate |
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judicial system filing fee of not more than $5 for the Fifteenth |
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Court of Appeals District under Section 22.2152. |
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SECTION 10. (a) A justice of the Thirteenth Court of |
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Appeals who is serving on September 1, 2015, and who resides in a |
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county that is transferred by this Act from the Thirteenth Court of |
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Appeals District to the Fifteenth Court of Appeals District becomes |
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a member of the Fifteenth Court of Appeals for the period for which |
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elected or appointed to the Thirteenth Court of Appeals. |
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(b) If more than two justices of the Thirteenth Court of |
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Appeals reside in a county transferred to the Fifteenth Court of |
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Appeals District, those justices shall draw lots to determine which |
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justices shall become members of the Fifteenth Court of Appeals. A |
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justice who resides in a county transferred to the Fifteenth Court |
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of Appeals District who does not become a justice of the Fifteenth |
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Court of Appeals must establish residency in a county in the |
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Thirteenth Court of Appeals District not later than January 1, |
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2016. A justice who does not comply with this subsection vacates |
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the justice's position as of January 1, 2016. |
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(c) The person serving as chief justice of the Thirteenth |
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Court of Appeals on September 1, 2015, becomes the chief justice of |
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the Fifteenth Court of Appeals for the period for which elected or |
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appointed to the Thirteenth Court of Appeals. From among the |
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justices of the Thirteenth Court of Appeals who remain on that |
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court, the governor shall designate the chief justice for that |
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court, who serves, unless otherwise removed from office, the term |
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to which the justice was elected or appointed. |
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(d) A justice of the Thirteenth Court of Appeals who remains |
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a justice of that court continues to serve for the period for which |
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elected or appointed. |
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(e) The money appropriated by the 84th Legislature, Regular |
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Session, 2015, for the Thirteenth Court of Appeals for the state |
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fiscal biennium beginning September 1, 2015, shall be equally |
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divided between the Thirteenth Court of Appeals and Fifteenth Court |
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of Appeals. No additional money may be appropriated to the |
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Fifteenth Court of Appeals District. |
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SECTION 11. 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 12. This Act takes effect September 1, 2015. |