CHAPTER 22. APPELLATE COURTS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE A. COURTS
CHAPTER 22. APPELLATE COURTS
SUBCHAPTER A. SUPREME COURT
Sec. 22.001. JURISDICTION. (a) The supreme court has appellate
jurisdiction, except in criminal law matters, coextensive with
the limits of the state and extending to all questions of law
arising in the following cases when they have been brought to the
courts of appeals from appealable judgment of the trial courts:
(1) a case in which the justices of a court of appeals disagree
on a question of law material to the decision;
(2) a case in which one of the courts of appeals holds
differently from a prior decision of another court of appeals or
of the supreme court on a question of law material to a decision
of the case;
(3) a case involving the construction or validity of a statute
necessary to a determination of the case;
(4) a case involving state revenue;
(5) a case in which the railroad commission is a party; and
(6) any other case in which it appears that an error of law has
been committed by the court of appeals, and that error is of such
importance to the jurisprudence of the state that, in the opinion
of the supreme court, it requires correction, but excluding those
cases in which the jurisdiction of the court of appeals is made
final by statute.
(b) A case over which the court has jurisdiction under
Subsection (a) may be carried to the supreme court either by writ
of error or by certificate from the court of appeals, but the
court of appeals may certify a question of law arising in any of
those cases at any time it chooses, either before or after the
decision of the case in that court.
(c) An appeal may be taken directly to the supreme court from an
order of a trial court granting or denying an interlocutory or
permanent injunction on the ground of the constitutionality of a
statute of this state. It is the duty of the supreme court to
prescribe the necessary rules of procedure to be followed in
perfecting the appeal.
(d) The supreme court has the power, on affidavit or otherwise,
as the court may determine, to ascertain the matters of fact that
are necessary to the proper exercise of its jurisdiction.
(e) For purposes of Subsection (a)(2), one court holds
differently from another when there is inconsistency in their
respective decisions that should be clarified to remove
unnecessary uncertainty in the law and unfairness to litigants.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 1106, Sec. 1, eff. June 20,
1987; Acts 2003, 78th Leg., ch. 204, Sec. 1.04, eff. Sept. 1,
2003.
Sec. 22.002. WRIT POWER. (a) The supreme court or a justice of
the supreme court may issue writs of procedendo and certiorari
and all writs of quo warranto and mandamus agreeable to the
principles of law regulating those writs, against a statutory
county court judge, a statutory probate court judge, a district
judge, a court of appeals or a justice of a court of appeals, or
any officer of state government except the governor, the court of
criminal appeals, or a judge of the court of criminal appeals.
(b) The supreme court or, in vacation, a justice of the supreme
court may issue a writ of mandamus to compel a statutory county
court judge, a statutory probate court judge, or a district judge
to proceed to trial and judgment in a case agreeable to the
principles and usages of law, returnable to the supreme court on
or before the first day of the term, or during the session of the
term, or before any justice of the supreme court as the nature of
the case requires.
(c) Only the supreme court has the authority to issue a writ of
mandamus or injunction, or any other mandatory or compulsory writ
or process, against any of the officers of the executive
departments of the government of this state to order or compel
the performance of a judicial, ministerial, or discretionary act
or duty that, by state law, the officer or officers are
authorized to perform.
(d) Repealed by Acts 1987, 70th Leg., ch. 148, Sec. 2.03, eff.
Sept. 1, 1987.
(e) The supreme court or a justice of the supreme court, either
in termtime or vacation, may issue a writ of habeas corpus when a
person is restrained in his liberty by virtue of an order,
process, or commitment issued by a court or judge on account of
the violation of an order, judgment, or decree previously made,
rendered, or entered by the court or judge in a civil case.
Pending the hearing of an application for a writ of habeas
corpus, the supreme court or a justice of the supreme court may
admit to bail a person to whom the writ of habeas corpus may be
so granted.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.03, eff. Sept.
1, 1987; Acts 1995, 74th Leg., ch. 355, Sec. 1, eff. Sept. 1,
1995.
Sec. 22.003. PROCEDURE OF THE COURT. (a) The supreme court
from time to time shall promulgate suitable rules, forms, and
regulations for carrying into effect the provisions of this
chapter relating to the jurisdiction and practice of the supreme
court.
(b) The supreme court may make and enforce all necessary rules
of practice and procedure, not inconsistent with the law, for the
government of the supreme court and all other courts of the state
to expedite the dispatch of business in those courts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.0035. MODIFICATION OR SUSPENSION OF CERTAIN PROVISIONS
RELATING TO COURT PROCEEDINGS AFFECTED BY DISASTER. (a) In this
section, "disaster" has the meaning assigned by Section 418.004.
(b) Notwithstanding any other statute, the supreme court may
modify or suspend procedures for the conduct of any court
proceeding affected by a disaster during the pendency of a
disaster declared by the governor. An order under this section
may not extend for more than 30 days from the date the order was
signed unless renewed by the supreme court.
(c) If a disaster prevents the supreme court from acting under
Subsection (b), the chief justice of the supreme court may act on
behalf of the supreme court under that subsection.
(d) If a disaster prevents the chief justice from acting under
Subsection (c), the court of criminal appeals may act on behalf
of the supreme court under Subsection (b).
(e) If a disaster prevents the court of criminal appeals from
acting under Subsection (d), the presiding judge of the court of
criminal appeals may act on behalf of the supreme court under
Subsection (b).
Added by Acts 2009, 81st Leg., R.S., Ch.
1280, Sec. 5.01, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1281, Sec. 1, eff. June 19, 2009.
Sec. 22.004. RULES OF CIVIL PROCEDURE. (a) The supreme court
has the full rulemaking power in the practice and procedure in
civil actions, except that its rules may not abridge, enlarge, or
modify the substantive rights of a litigant.
(b) The supreme court from time to time may promulgate a
specific rule or rules of civil procedure, or an amendment or
amendments to a specific rule or rules, to be effective at the
time the supreme court deems expedient in the interest of a
proper administration of justice. The rules and amendments to
rules remain in effect unless and until disapproved by the
legislature. The clerk of the supreme court shall file with the
secretary of state the rules or amendments to rules promulgated
by the supreme court under this subsection and shall mail a copy
of those rules or amendments to rules to each registered member
of the State Bar of Texas not later than the 60th day before the
date on which they become effective. The secretary of state shall
report the rules or amendments to rules to the next regular
session of the legislature by mailing a copy of the rules or
amendments to rules to each elected member of the legislature on
or before December 1 immediately preceding the session.
(c) So that the supreme court has full rulemaking power in civil
actions, a rule adopted by the supreme court repeals all
conflicting laws and parts of laws governing practice and
procedure in civil actions, but substantive law is not repealed.
At the time the supreme court files a rule, the court shall file
with the secretary of state a list of each article or section of
general law or each part of an article or section of general law
that is repealed or modified in any way. The list has the same
weight and effect as a decision of the court.
(d) The rules of practice and procedure in civil actions shall
be published in the official reports of the supreme court. The
supreme court may adopt the method it deems expedient for the
printing and distribution of the rules.
(e) This section does not affect the repeal of statutes repealed
by Chapter 25, page 201, General Laws, Acts of the 46th
Legislature, Regular Session, 1939, on September 1, 1941.
(f) The supreme court shall adopt rules governing the electronic
filing of documents in civil cases in justice of the peace
courts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 297, Sec. 1, eff. Aug. 28,
1989; Acts 2001, 77th Leg., ch. 644, Sec. 1, eff. June 13, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
63, Sec. 1, eff. May 11, 2007.
Sec. 22.005. DISQUALIFICATION OF JUSTICES. (a) The chief
justice may certify to the governor when one or more justices of
the supreme court have recused themselves under the Texas Rules
of Appellate Procedure or are disqualified under the constitution
and laws of this state to hear and determine a case in the court.
(b) The governor immediately shall commission the requisite
number of persons who are active appellate or district court
justices or judges and who possess the qualifications prescribed
for justices of the supreme court to try and determine the case.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 428, Sec. 1, eff. June 9,
1995.
Sec. 22.006. ADJOURNMENT. (a) The supreme court may adjourn
from day to day or for the periods that it deems necessary to the
ends of justice and the determination of the business before the
court.
(b) A suit, process, or matter returned to or pending in the
supreme court may not be discontinued because a quorum of the
court is not present at the commencement or on any other day of
the term. If a quorum of the court is not present on any day of
the term, a justice of the court or the bailiff attending the
court may adjourn the court from time to time.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.007. APPLICATION FOR WRIT OF ERROR. (a) The supreme
court may act on applications for writs of error when the court
deems it expedient. The supreme court shall pass on an
application for writ of error in a case in which the justices of
the courts of appeals have disagreed or have declared void a
statute of the state.
(b) By a written designation recorded in the minutes of the
supreme court, the chief justice or any two justices of the
supreme court may designate three justices of the courts of
appeals to act on applications for writs of error as provided by
this section. The designation of justices of the courts of
appeals may be changed as often as is advisable by relieving one
or more of the justices and designating another or others in
order to interfere as little as possible with the work of the
courts of appeals. Only one justice may be designated to serve at
any one time from any one of the courts of appeals. The power to
designate justices of the courts of appeals to act on
applications for writs of error may be exercised from time to
time as long as necessary.
(c) Designated justices of the courts of appeals, on receiving
notice of their designation, shall assemble in Austin and act on
the applications for writs of error that are referred to them, by
granting, refusing, or dismissing the applications in accordance
with the practice of the supreme court. The designated justices
may then make orders and give directions incidental to the
consideration and disposition of each application.
(d) A designated justice of a court of appeals shall not act on
an application for writ of error in a case decided during the
justice's incumbency by the court of which he is a member.
(e) The granting of an application for writ of error admits the
case into the supreme court, and the supreme court shall proceed
with the case as provided by law. The refusal or dismissal of an
application has the effect of denying the admission of the case
into the supreme court, except that a motion for rehearing may be
made to the designated justices in the same manner that a motion
for rehearing to the supreme court is made. The refusal or
dismissal of an application shall not be regarded as a precedent
or authority.
(f) The powers conferred on the justices of the supreme court
and the courts of appeals by this section are incidental to their
respective offices.
(g) A designated justice of a court of appeals is entitled to
the actual and necessary expenses incurred in the discharge of
his additional duties. The comptroller shall issue warrants to
pay the expenses out of the state treasury on itemized accounts
of the expenses that are verified by the affidavit of the
claimant.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.008. PUBLICATION OF DECISIONS. (a) The supreme court
shall appoint one or more licensed attorneys to serve at the will
of the court and to report the decisions of the supreme court.
(b) The supreme court shall designate the cases to be reported
and the reporter may report and publish only the designated
cases. As soon as the cases are finally disposed of and the
opinions are recorded, the reporter shall obtain from the proper
clerk the records of the cases to be reported, with the briefs
and opinions.
(c) Under the direction of the supreme court, the reporter shall
promptly prepare the decisions for publication with appropriate
syllabuses and statements, proper index, and table of cited cases
and reported cases. Each report shall incorporate only the main
propositions made in the briefs and considered by the court in
the opinion, with the authorities cited in support of the
propositions.
(d) The reporter shall return the record, with briefs and
opinions, to the clerk when the report is completed and from time
to time shall deliver the reports to the comptroller for
publication. Each volume shall be copyrighted in the name of the
reporter, who immediately on delivery of the edition shall
transfer and assign it to the state. The edition shall be
electrotyped. The state owns the plates, and the comptroller
shall preserve them.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.43, eff. September 1, 2007.
Sec. 22.009. STENOGRAPHERS; BAILIFF. The supreme court may
appoint not more than three stenographers and may appoint a
bailiff to attend the court when it is sitting.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.010. SEALING OF COURT RECORDS. The supreme court shall
adopt rules establishing guidelines for the courts of this state
to use in determining whether in the interest of justice the
records in a civil case, including settlements, should be sealed.
Added by Acts 1989, 71st Leg., ch. 426, Sec. 1, eff. Sept. 1,
1989.
Sec. 22.011. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE,
SEXUAL ASSAULT, AND CHILD ABUSE. (a) The supreme court shall
provide judicial training related to the problems of family
violence, sexual assault, and child abuse and to issues
concerning sex offender characteristics.
(b), (c) Repealed by Acts 1995, 74th Leg., ch. 507, Sec. 2, eff.
Aug. 31, 1995.
(d) The instruction must include information about:
(1) statutory and case law relating to videotaping a child's
testimony and relating to competency of children to testify;
(2) methods for eliminating the trauma to the child caused by
the court process;
(3) case law, statutory law, and procedural rules relating to
family violence, sexual assault, and child abuse;
(4) methods for providing protection for victims of family
violence, sexual assault, or child abuse;
(5) available community and state resources for counseling and
other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of family violence,
sexual assault, or child abuse; and
(8) issues concerning sex offender characteristics.
Added by Acts 1991, 72nd Leg., ch. 795, Sec. 27, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 282, Sec. 1, eff. Aug.
30, 1993; Acts 1995, 74th Leg., ch. 254, Sec. 1, eff. May 29,
1995.
Sec. 22.012. TRAINING RELATED TO DIVERSIONS. (a) Each attorney
representing the state in the prosecution of felonies and each
district court judge shall, as an official duty, each year
complete a course of instruction related to the diversion of
offenders from confinement in the Texas Department of Criminal
Justice.
(b) The supreme court shall adopt rules to provide for the
training required by Subsection (a). In adopting the rules, the
court shall consult with the Texas Department of Criminal Justice
to obtain the department's recommendations for instruction
content.
(c) The instruction must include information relating to:
(1) case law, statutory law, and procedural rules relating to
felony diversions; and
(2) available community and state resources for diversions.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.09(a),
eff. Aug. 29, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.063, eff. September 1, 2009.
Sec. 22.013. JUDICIAL INSTRUCTION RELATED TO GUARDIANSHIP
ISSUES. (a) The supreme court shall provide a course of
instruction that relates to issues that arise in guardianship
cases for judges involved in those cases.
(b) The supreme court shall adopt the rules necessary to
accomplish the purposes of this section.
(c) The instruction must include information about:
(1) statutory and case law relating to guardianships;
(2) the aging process and the nature of disabilities;
(3) the requirements of the Americans with Disabilities Act (42
U.S.C. Section 12101 et seq.) and related case and statutory law,
rules, and compliance methods;
(4) the principles of equal access and accommodation;
(5) the use of community resources for the disabled; and
(6) avoidance of stereotypes through a focus on people's
individual abilities, support needs, and inherent individual
value.
(d) The instruction may include information about:
(1) substantive areas of law concerning the needs of elderly
persons and persons with disabilities;
(2) barriers to physical access and methods to overcome those
barriers;
(3) communication needs of elderly persons and persons with
disabilities and the technology available to provide access to
communication;
(4) duties and responsibilities of guardians, guardians ad
litem, attorneys, and court personnel in guardianship
proceedings;
(5) standard definitions and procedures for determining
incapacity;
(6) standards for surrogate decision making;
(7) the doctrine of the least-restrictive alternative;
(8) the dispute resolution process, especially its application
to elderly persons and persons with disabilities; and
(9) successful programs and funding efforts for addressing the
court-related needs of elderly persons and persons with
disabilities.
Added by Acts 1993, 73rd Leg., ch. 905, Sec. 1, eff. Sept. 1,
1993.
Sec. 22.014. SENIOR JUSTICE ACTING FOR CHIEF JUSTICE. In the
chief justice's absence, the justice with the most seniority on
the supreme court may sign a court document for the chief justice
if the chief justice has given that justice written
authorization.
Added by Acts 1995, 74th Leg., ch. 356, Sec. 1, eff. Aug. 28,
1995.
Sec. 22.015. PERMANENT PLACE DESIGNATIONS. (a) The supreme
court is composed of a chief justice and of eight justices
holding places numbered consecutively beginning with Place 2.
(b) The designation of offices and places under this section
identifies the offices and places for all purposes, including
identification on official ballots for primary and general
elections.
Added by Acts 2003, 78th Leg., ch. 693, Sec. 1, eff. Sept. 1,
2003.
SUBCHAPTER B. COURT OF CRIMINAL APPEALS
Sec. 22.101. SEAL. (a) The court of criminal appeals shall use
a seal on which there is engraved a star with five points and the
words "Court of Criminal Appeals of Texas."
(b) The writs and processes issued from the court of criminal
appeals shall bear the name of the presiding judge and the seal
of the court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.102. MANDATE. When the court from which an appeal is
taken is deprived of jurisdiction over the case pending the
appeal and the case is determined by a court of appeals or the
court of criminal appeals, the mandate of the appellate court
that determined the case shall be directed to the court that had
jurisdiction over the case, as also provided by Section 22.226.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.103. ASCERTAINMENT OF FACTS. The court of criminal
appeals may ascertain, on affidavit or otherwise, the matters of
fact that are necessary to the exercise of its jurisdiction.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.105. DISQUALIFICATION. (a) The fact that a judge of
the court of criminal appeals is disqualified under the
constitution and laws of this state to hear and determine a case
shall be certified to the governor.
(b) The governor immediately shall commission a person who is
learned in the law to act in the place of the disqualified judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.106. COMMISSIONERS OF COURT OF CRIMINAL APPEALS. (a)
The presiding judge of the court of criminal appeals, with the
concurrence of a majority of the judges of the court of criminal
appeals, may designate and appoint a retired appellate judge or
district judge who has consented to be subject to appointment, or
an active appellate judge or district judge, to sit as a
commissioner of the court of criminal appeals. A designated judge
must consent to the designation and appointment. The presiding
judge may designate and appoint as many commissioners as he deems
necessary to aid the court in disposing of its business.
(b) A commissioner shall discharge the duties that are assigned
him by the court and may be appointed to serve either for a
certain period of time or for a particular case or cases.
(c) The opinions of a commissioner shall be submitted to the
court of criminal appeals for approval. When approved by a
majority of the court, an opinion of a commissioner has the same
weight and legal effect as an opinion originally prepared by the
court of criminal appeals.
(d) The compensation of a judge while sitting as a commissioner
of the court of criminal appeals shall be paid out of money
appropriated from the general revenue fund for that purpose in an
amount equal to the salary of the judges of the court of criminal
appeals and shall be in lieu of the retirement allowance that the
judge receives or in lieu of the compensation he receives as an
active judge of another court. In addition to the compensation, a
judge sitting as a commissioner of the court is entitled to
receive his actual travel expenses to and from Austin and a $25
per diem while he is assigned to the court of criminal appeals in
Austin.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.107. COMMISSION IN AID OF COURT OF CRIMINAL APPEALS.
(a) In addition to the authority granted by Section 22.106 of
this code, the court of criminal appeals may appoint a commission
for the aid of the court in disposing of the business before the
court. The commission in aid of the court shall discharge the
duties that are assigned it by the court of criminal appeals.
(b) The commission shall be composed of two attorneys having the
qualifications fixed by the constitution and laws of this state
for a judge of the court of criminal appeals. Commissioners serve
two-year terms that expire September 1 of each odd-numbered year.
(c) The opinions of the commissioners in aid of the court shall
be submitted to the court of criminal appeals for approval. When
approved by a majority of the court and handed down as an opinion
of the court, an opinion of a commissioner in aid of the court
has the same weight and legal effect as an opinion originally
prepared and handed down by the court of criminal appeals.
(d) Each member of the commission is entitled to receive for his
services the salary that is provided by law.
(e) The court of criminal appeals by appointment may fill a
vacancy on the commission in aid of the court that is created by
the death, resignation, or removal of a member of the commission.
A person appointed to fill a vacancy continues in office for the
unexpired portion of the term for which the commissioner vacating
the office was appointed.
(f) The court of criminal appeals shall appoint two
stenographers for the commission.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 22.108. RULES OF APPELLATE PROCEDURE IN CRIMINAL CASES.
(a) The court of criminal appeals is granted rulemaking power to
promulgate rules of posttrial, appellate, and review procedure in
criminal cases except that its rules may not abridge, enlarge, or
modify the substantive rights of a litigant.
(b) The court of criminal appeals may promulgate a comprehensive
body of rules of posttrial, appellate, and review procedure in
criminal cases and from time to time may promulgate a specific
rule or rules of posttrial, appellate, or review procedure in
criminal cases or an amendment or amendments to a specific rule
or rules. Rules and amendments adopted under this subsection are
effective at the time the court of criminal appeals considers
expedient in the interest of a proper administration of justice.
The rules and amendments to rules remain in effect unless and
until disapproved, modified, or changed by the legislature. The
clerk of the court of criminal appeals shall file with the
secretary of state the rules or amendments to rules promulgated
by the court of criminal appeals under this subsection.
(c) The rules of posttrial, appellate, and review procedure in
criminal cases shall be published in the Texas Register and in
the Texas Bar Journal. The court of criminal appeals may adopt
the method it considers expedient for the printing and
distribution of the rules.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.04(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 297, Sec. 2, eff.
Aug. 28, 1989.
Sec. 22.109. RULES OF EVIDENCE IN CRIMINAL CASES. (a) The
court of criminal appeals has the full rulemaking power in the
promulgation of rules of evidence in the trials of criminal
cases, except that its rules may not abridge, enlarge, or modify
the substantive rights of a litigant.
(b) The court of criminal appeals may promulgate a comprehensive
body of rules of evidence in the trials of criminal cases and
from time to time may promulgate a specific rule or rules of
evidence or an amendment or amendments to a specific rule or
rules. Rules and amendments adopted under this subsection are
effective at the time the court of criminal appeals considers
expedient in the interest of a proper administration of justice.
The rules and amendments to rules remain in effect unless and
until disapproved by the legislature. The secretary of state
shall report the rules or amendments to rules to the next regular
session of the legislature by mailing a copy of the rules or
amendments to rules to each elected member of the legislature on
or before December 1 immediately preceding the session.
(c) The rules of evidence in the trials of criminal cases shall
be published in the Texas Register and in the Texas Bar Journal.
The court of criminal appeals may adopt the method it considers
expedient for the printing and distribution of the rules.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.04(a), eff. Sept.
1, 1987.
Sec. 22.1095. RULES ON ELECTRONIC FILING OF DOCUMENTS FOR
CAPITAL CASES IN COURT OF CRIMINAL APPEALS. (a) Notwithstanding
Subchapter I, Chapter 51, or any other law, the court of criminal
appeals may adopt rules and procedures providing for and
governing the electronic filing of briefs, pleadings, and other
documents for capital cases in that court.
(b) In the adoption of rules and procedures under Subsection
(a), the court of criminal appeals shall coordinate with the
supreme court and the rules and procedures adopted by that court.
Added by Acts 2009, 81st Leg., R.S., Ch.
199, Sec. 1, eff. September 1, 2009.
Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE,
SEXUAL ASSAULT, AND CHILD ABUSE AND NEGLECT. (a) The court of
criminal appeals shall assure that judicial training related to
the problems of family violence, sexual assault, and child abuse
and neglect is provided.
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54 of this code or
Chapter 201, Family Code, master, referee, and magistrate to
complete at least 12 hours of the training within the judge's
first term of office or the judicial officer's first four years
of service and provide a method for certification of completion
of that training. At least four hours of the training must be
dedicated to issues related to child abuse and neglect and must
cover at least two of the topics described in Subsections
(d)(8)-(12). At least six hours of the training must be
dedicated to the training described by Subsections (d)(5), (6),
and (7). The rules must require each judge and judicial officer
to complete an additional five hours of training during each
additional term in office or four years of service. At least two
hours of the additional training must be dedicated to issues
related to child abuse and neglect. The rules must exempt from
the training requirement of this subsection each judge or
judicial officer who files an affidavit stating that the judge or
judicial officer does not hear any cases involving family
violence, sexual assault, or child abuse and neglect.
(c) In adopting the rules, the court of criminal appeals may
consult with the supreme court and with professional groups and
associations in the state that have expertise in the subject
matter to obtain the recommendations of those groups or
associations for instruction content.
(d) The instruction must include information about:
(1) statutory and case law relating to videotaping a child's
testimony and relating to competency of children to testify;
(2) methods for eliminating the trauma to the child caused by
the court process;
(3) case law, statutory law, and procedural rules relating to
family violence, sexual assault, and child abuse and neglect;
(4) methods for providing protection for victims of family
violence, sexual assault, and child abuse and neglect;
(5) available community and state resources for counseling and
other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of family violence,
sexual assault, or child abuse and neglect;
(8) dynamics of sexual abuse of children, including child abuse
accommodation syndrome and grooming;
(9) impact of substance abuse on an unborn child and on a
person's ability to care for a child;
(10) issues of attachment and bonding between children and
caregivers;
(11) issues of child development that pertain to child abuse and
neglect; and
(12) medical findings regarding physical abuse, sexual abuse,
and child abuse and neglect.
(d-1) The sponsoring organization for any training on issues
related to child abuse and neglect must have at least three
years' experience in training professionals on child abuse and
neglect issues or have personnel or planning committee members
who have at least five years' experience in working directly in
the field of child abuse and neglect prevention and treatment.
(e) The court of criminal appeals or the court's designee shall
report the name of a judge or judicial officer who does not
comply with the requirements of this section to the State
Commission on Judicial Conduct.
Added by Acts 1995, 74th Leg., ch. 507, Sec. 1, eff. Aug. 31,
1995. Amended by Acts 1999, 76th Leg., ch. 390, Sec. 1, eff. Aug.
31, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
765, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
765, Sec. 2, eff. September 1, 2007.
Sec. 22.1105. JUDICIAL INSTRUCTION RELATED TO CERTAIN ALLEGED
CHILD OFFENDERS. (a) Each judge of a court with jurisdiction to
hear a complaint against a child alleging a violation of a
misdemeanor offense punishable by fine only, other than a traffic
offense or public intoxication or a violation of a penal
ordinance of a political subdivision other than a traffic
offense, shall complete a course of instruction related to
understanding relevant issues of child welfare and the
Individuals with Disabilities Education Act (20 U.S.C. Section
1400 et seq.) every judicial academic year that ends in a 0 or a
5.
(b) The court of criminal appeals shall adopt the rules
necessary to provide for the training required under Subsection
(a). The rules must require a judge described by Subsection (a)
to complete two hours of the required training every judicial
academic year that ends in a 0 or a 5 as part of the training the
judge is required to complete under rules adopted by the court of
criminal appeals or other law.
(c) In adopting the rules, the court of criminal appeals may
consult with the supreme court and with professional groups and
associations in this state that have expertise in the subject
matter to obtain the recommendations of those groups or
associations for instructional content.
Added by Acts 2009, 81st Leg., R.S., Ch.
250, Sec. 1, eff. September 1, 2009.
Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO
PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court
of criminal appeals shall provide to prosecuting attorneys
training related to the use of Section 12.47, Penal Code, and
Article 42.014, Code of Criminal Procedure, for enhancing
punishment on a finding that an offense was committed because of
the defendant's bias or prejudice as defined in Article 42.014,
Code of Criminal Procedure.
Added by Acts 2001, 77th Leg., ch. 85, Sec. 7.01, eff. Sept. 1,
2001.
Sec. 22.112. PERMANENT PLACE DESIGNATIONS. (a) The court of
criminal appeals is composed of a presiding judge and of eight
judges holding places numbered consecutively beginning with Place
2.
(b) The designation of offices and places under this section
identifies the offices and places for all purposes, including
identification on official ballots for primary and general
elections.
Added by Acts 2003, 78th Leg., ch. 693, Sec. 2, eff. Sept. 1,
2003.
SUBCHAPTER C. COURTS OF APPEALS
Sec. 22.201. COURTS OF APPEALS DISTRICTS. (a) The state is
divided into 14 courts of appeals districts with a court of
appeals in each district.
(b) The First Court of Appeals District is composed of the
counties of Austin, Brazoria, Chambers, Colorado, Fort Bend,
Galveston, Grimes, Harris, Waller, and Washington.
(c) The Second Court of Appeals District is composed of the
counties of Archer, Clay, Cooke, Denton, Hood, Jack, Montague,
Parker, Tarrant, Wichita, Wise, and Young.
(d) The Third Court of Appeals District is composed of the
counties of Bastrop, Bell, Blanco, Burnet, Caldwell, Coke, Comal,
Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano, McCulloch,
Milam, Mills, Runnels, San Saba, Schleicher, Sterling, Tom Green,
Travis, and Williamson.
(e) The Fourth Court of Appeals District is composed of the
counties of Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval,
Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes,
Kendall, Kerr, Kimble, Kinney, LaSalle, McMullen, Mason,
Maverick, Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde,
Webb, Wilson, Zapata, and Zavala.
(f) The Fifth Court of Appeals District is composed of the
counties of Collin, Dallas, Grayson, Hunt, Kaufman, and Rockwall.
(g) The Sixth Court of Appeals District is composed of the
counties of Bowie, Camp, Cass, Delta, Fannin, Franklin, Gregg,
Harrison, Hopkins, Hunt, Lamar, Marion, Morris, Panola, Red
River, Rusk, Titus, Upshur, and Wood.
(h) The Seventh Court of Appeals District is composed of the
counties of Armstrong, Bailey, Briscoe, Carson, Castro,
Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf
Smith, Dickens, Donley, Floyd, Foard, Garza, Gray, Hale, Hall,
Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent,
King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree,
Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher,
Terry, Wilbarger, Wheeler, and Yoakum.
(i) The Eighth Court of Appeals District is composed of the
counties of Andrews, Brewster, Crane, Crockett, Culberson, El
Paso, Hudspeth, Jeff Davis, Loving, Pecos, Presidio, Reagan,
Reeves, Terrell, Upton, Ward, and Winkler.
(j) The Ninth Court of Appeals District is composed of the
counties of Hardin, Jasper, Jefferson, Liberty, Montgomery,
Newton, Orange, Polk, San Jacinto, and Tyler.
(k) The Tenth Court of Appeals District is composed of the
counties of Bosque, Burleson, Brazos, Coryell, Ellis, Falls,
Freestone, Hamilton, Hill, Johnson, Leon, Limestone, Madison,
McLennan, Navarro, Robertson, Somervell, and Walker.
(l) The Eleventh Court of Appeals District is composed of the
counties of Baylor, Borden, Brown, Callahan, Coleman, Comanche,
Dawson, Eastland, Ector, Erath, Fisher, Gaines, Glasscock,
Haskell, Howard, Jones, Knox, Martin, Midland, Mitchell, Nolan,
Palo Pinto, Scurry, Shackelford, Stephens, Stonewall, Taylor, and
Throckmorton.
(m) The Twelfth Court of Appeals District is composed of the
counties of Anderson, Angelina, Cherokee, Gregg, Henderson,
Houston, Nacogdoches, Rains, Rusk, Sabine, San Augustine, Shelby,
Smith, Trinity, Upshur, Van Zandt, and Wood.
(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, Wharton, and
Willacy.
(o) The Fourteenth Court of Appeals District is composed of the
counties of Austin, Brazoria, Chambers, Colorado, Fort Bend,
Galveston, Grimes, Harris, Waller, and Washington.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.02, eff. Sept.
1, 1987; Acts 2003, 78th Leg., ch. 44, Sec. 1, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 315, Sec. 4, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 662, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
542, Sec. 1, eff. September 1, 2005.
Sec. 22.202. FIRST COURT OF APPEALS. (a) The Court of Appeals
for the First Court of Appeals District shall be held in the City
of Houston.
(b) Harris County shall furnish and equip suitable rooms in
Houston for the court and the justices without expense to the
state.
(c) The counties other than Harris County composing the First
and Fourteenth Courts of Appeals Districts shall annually
reimburse Harris County for the costs incurred by Harris County
during its previous fiscal year for:
(1) supplemental salaries and fringe benefits for the justices
for those courts; and
(2) furnishings, equipment, supplies, and utility expenses for
those courts.
(d) Each county shall pay a share based on the proportion its
population bears to the total population of all the counties in
those districts. A county shall pay its share not later than the
60th day after the beginning of the county's fiscal year.
(e) The Commissioners Court of Harris County shall provide each
county liable for the expenses with a statement of that county's
share. The statement must be approved by the chief justices of
the courts of appeals of the First and Fourteenth Courts of
Appeals Districts.
(f) The First and Fourteenth Courts of Appeals shall establish a
central clerk's office and offices for justices and other support
personnel in Houston. The courts may establish offices for the
clerks, justices, and other support personnel in other counties
in the courts' district as each court determines necessary and
convenient.
(g) The First Court of Appeals may transact its business in any
county in the First Court of Appeals District as the court
determines necessary and convenient.
(h) All civil and criminal cases directed to the First or
Fourteenth Court of Appeals shall be filed in either the First or
Fourteenth Court of Appeals as provided by this section. The
trial clerk shall write the numbers of the two courts of appeals
on identical slips of paper and place the slips in a container.
When a notice of appeal or appeal bond is filed, the trial court
clerk shall draw a number from the container at random, in a
public place, and shall assign the case and any companion cases
to the court of appeals for the corresponding number drawn.
(i) Subject to Subchapter A, Chapter 73, the clerks of the First
and the Fourteenth Courts of Appeals Districts may from time to
time equalize the dockets of the two courts by transferring cases
from one court to the other. The court to which the case is
transferred has jurisdiction over the matter.
(j) Each of the justices on the court of appeals shall designate
the county of his permanent residence on the records of the court
in which the justice serves. The county of a justice's permanent
residence is the justice's permanent post of duty.
(j-1) Expired.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.03 to 1.07, eff.
Sept. 1, 1987.
Sec. 22.2021. APPELLATE JUDICIAL SYSTEM. (a) The commissioners
court of each county in the First or Fourteenth Court of Appeals
District shall establish an appellate judicial system to:
(1) assist the courts of appeals for the county in the
processing of appeals filed from the county court, county courts
at law, probate courts, and district courts; and
(2) defray costs and expenses incurred for the operation of the
courts of appeals in this state for which the county is required
by law to reimburse other counties in the court of appeals
district.
(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
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
justice system fund. The commissioners court shall administer the
fund to maintain the system in cooperation with the chief justice
of the courts of appeals. The fund may not be used for any other
purpose.
(e) The commissioners court shall annually order the funds
collected under this section to be forwarded to the court of
appeals for expenditure by the courts of appeals for the court of
appeals district's judicial system.
(f) The commissioners court has the authority necessary to
assist the courts of appeals in the administration of the system,
including the authority to contract with any private nonprofit
corporation, public corporation, or a combination of those
corporations.
(g) The chief justice of the courts of appeals, with the
approval and consent of the commissioners court, shall manage the
fund.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.01(a), eff. Aug. 28,
1989.
Sec. 22.203. SECOND COURT OF APPEALS. (a) The Court of Appeals
for the Second Court of Appeals District shall be held in the
City of Fort Worth.
(b) The court may transact its business in any county in the
district as the court determines is necessary or convenient.
(c) Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4.
(d) Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4.
(e) Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4.
(f) Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4.
(g) If any additional offices of justices of the court are
created, the designation for those offices shall be in
consecutive numerical order beginning with Place 8. If two or
more offices of justice are created to take effect the same date,
and the legislature does not specify places for those offices,
the court shall by rule determine places for each office. If the
court does not determine places before a person is appointed or
elected to fill the initial vacancy, the places are determined by
the seniority system established as provided by Subsection (f).
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.08, 2.05(a),
eff. Sept. 1, 1987; Acts 2003, 78th Leg., ch. 693, Sec. 4, eff.
Sept. 1, 2003.
Sec. 22.2031. APPELLATE JUDICIAL SYSTEM. (a) The commissioners
court of each county in the Second Court of Appeals District by
order entered in its minutes may 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, statutory county courts, probate courts, and district
courts; and
(2) defray costs and expenses incurred by the county under
Section 22.203.
(b) To fund the system, the commissioners court may set a court
costs fee of not more than $5 for each civil suit filed in county
court, statutory county court, 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
justice system fund. The commissioners court shall establish and
maintain the fund to assist the court of appeals district. The
fund may not be used for any other purpose.
(e) The commissioners court shall annually order the funds
collected under this section to be forwarded to the court of
appeals for expenditure by the court of appeals for its judicial
system.
(f) The commissioners court shall vest management of the system
in the chief justice of the court of appeals. The commissioners
court has the authority necessary to assist the court of appeals
in the administration and management of the system and to
contract with any private corporation, public corporation, or a
combination of those corporations.
Added by Acts 1991, 72nd Leg., ch. 93, Sec. 1, eff. Sept. 1,
1991.
Sec. 22.204. THIRD COURT OF APPEALS. (a) The Court of Appeals
for the Third Court of Appeals District shall be held in the City
of Austin.
(b) The court may transact its business at the county seat of
any of the counties within its district as the court determines
is necessary and convenient, except that all cases originating in
Travis County shall be heard and transacted in that county.
(c) The counties other than Travis County composing the Third
Court of Appeals District shall annually reimburse Travis County
for the costs incurred by Travis County during its previous
fiscal year for supplemental salaries and fringe benefits for the
justices of that court of appeals.
(d) Each county, including Travis County, shall pay a share
based on the proportion its population bears to the total
population of all the counties in the district according to the
most recent federal census.
(e) A county shall pay its share not later than the 60th day
after the beginning of the county's fiscal year.
(f) The Commissioners Court of Travis County shall provide each
county liable for the reimbursement with a statement of that
county's share. The statement must be approved by the chief
justice of the Court of Appeals for the Third Court of Appeals
District.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.09, 2.06(a),
eff. Sept. 1, 1987.
Sec. 22.2041. APPELLATE JUDICIAL SYSTEM. (a) The commissioners
court of each county in the Third 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 22.204.
(b) To fund the system, the commissioners court shall set a
court costs fee of $5 for each civil suit filed in 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 establish and maintain a fund system to assist the
court of appeals in the district. The fund may not be used for
any other purpose.
(e) The commissioners court shall monthly order the funds
collected under this section to be forwarded to the court of
appeals for expenditures by the court of appeals for its judicial
system.
(f) The commissioners court shall vest management of the system
in the chief justice of the court of appeals.
Added by Acts 2005, 79th Leg., Ch.
1341, Sec. 1, eff. September 1, 2005.
Sec. 22.205. FOURTH COURT OF APPEALS. (a) The Court of Appeals
for the Fourth Court of Appeals District shall be held in the
City of San Antonio.
(b) The court may transact its business at the county seat of
any of the counties within its district, as the court determines
is necessary and convenient, except that all cases originating in
Bexar County that the court hears shall be heard and transacted
in that county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.07(a), eff.
Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 99, Sec. 1, eff. May 15,
1991.
Sec. 22.2051. APPELLATE JUDICIAL SYSTEM. (a) The commissioners
court of each county in the Fourth 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 22.205.
(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
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 establish and maintain a fund system to assist the
court of appeals in the district. The fund may not be used for
any other purpose.
(e) The commissioners court shall monthly order the funds
collected under this section to be forwarded to the court of
appeals for expenditure by the court of appeals for its judicial
system.
(f) The commissioners court shall vest management of the system
in the chief justice of the court of appeals.
Added by Acts 1997, 75th Leg., ch. 146, Sec. 1, eff. Sept. 1,
1997.
Sec. 22.206. FIFTH COURT OF APPEALS. (a) The Court of Appeals
for the Fifth Court of Appeals District shall be primarily held
in the City of Dallas.
(b) The court may transact its business in any county in the
district as the court determines is necessary and convenient.
(c) The court may establish offices for the clerk, justices, and
other support personnel in any county in the district and in more
than one location in any county in the district as the court
determines is necessary and convenient.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.10, eff. Sept.
1, 1987; Acts 1989, 71st Leg., ch. 210, Sec. 1, eff. Sept. 1,
1989.
Sec. 22.2061. APPELLATE JUDICIAL SYSTEM. (a) The commissioners
court of each county in the Fifth 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 court,
county courts at law, probate courts, and district courts; and
(2) defray costs and expenses incurred by the county under
Section 22.206.
(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
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
justice system fund. The commissioners court shall administer the
fund to establish and maintain a fund system to assist the court
of appeals in the district. The fund may not be used for any
other purpose.
(e) The commissioners court has the authority necessary to
assist the court of appeals in the administration of the system
and the system's judicial and staff education program, including
the authority to contract with any private nonprofit corporation,
public corporation, or a combination of those corporations.
(f) The commissioners court shall vest management of the system
in the chief justice of the court of appeals in the district.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.02(a), eff. Aug. 28,
1989.
Sec. 22.207. SIXTH COURT OF APPEALS. (a) The Court of Appeals
for the Sixth Court of Appeals District shall be held in the City
of Texarkana.
(b) The court may transact its business in the City of Texarkana
or the county seat of any county in the district as the court
determines is necessary or convenient, except that all cases
originating in Bowie County shall be heard and transacted in the
City of Texarkana.
(c) Repealed by Acts 2005, 79th Leg., Ch. 542, Sec. 2, eff.
September 1, 2005.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.11, eff. Sept.
1, 1987; Acts 1991, 72nd Leg., ch. 647, Sec. 1, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 153, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
542, Sec. 2, eff. September 1, 2005.
Sec. 22.2071. APPELLATE JUDICIAL SYSTEM. (a) The commissioners
court of each county in the Sixth Court of Appeals District, by
order entered in its minutes, shall establish an appellate
judicial system to assist the court of appeals for the county in
the processing of appeals filed with the court of appeals from
the county courts, statutory county courts, probate courts, and
district courts.
(b) To fund the system, the commissioners court shall set a
court costs fee of $5 for each civil suit filed in county court,
statutory county court, probate court, or district court in the
county.
(c) The court costs fee does not apply to a suit filed by any
governmental entity 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 establish and maintain a fund system to assist the
Sixth Court of Appeals District and any other court of appeals
district that has an appellate judicial system in the county.
The fund may not be used for any other purpose.
(e) The commissioners court shall monthly order the funds
collected under this section to be forwarded in equal amounts to
each clerk of a court of appeals that has an appellate judicial
system in the county for expenditures by the court of appeals for
its judicial system.
(f) The commissioners court shall vest management of the system
in the chief justice of the court of appeals.
Added by Acts 2009, 81st Leg., R.S., Ch.
49, Sec. 1, eff. September 1, 2009.
Sec. 22.208. SEVENTH COURT OF APPEALS. The Court of Appeals for
the Seventh Court of Appeals District shall be held in the City
of Amarillo.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.12, eff. Sept.
1, 1987.
Sec. 22.2081. APPELLATE JUDICIAL SYSTEM. (a) The commissioners
court of each county in the Seventh 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
disposition of appeals filed with the court of appeals from the
county courts, statutory county courts, probate courts, and
district courts; and
(2) defray costs and expenses incurred by the county under
Section 22.208.
(b) To fund the system, the commissioners court shall set a
court costs fee of $5 for each civil suit filed in a county
court, statutory county court, 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,