|
|
|
|
AN ACT
|
|
relating to special three-judge district courts convened to hear |
|
certain cases. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle A, Title 2, Government Code, is amended |
|
by adding Chapter 22A to read as follows: |
|
CHAPTER 22A. SPECIAL THREE-JUDGE DISTRICT COURT |
|
Sec. 22A.001. ELIGIBLE PROCEEDINGS. (a) The attorney |
|
general may petition the chief justice of the supreme court to |
|
convene a special three-judge district court in any suit filed in a |
|
district court in this state in which this state or a state officer |
|
or agency is a defendant in a claim that: |
|
(1) challenges the finances or operations of this |
|
state's public school system; or |
|
(2) involves the apportionment of districts for the |
|
house of representatives, the senate, the State Board of Education, |
|
or the United States Congress, or state judicial districts. |
|
(b) A petition filed by the attorney general under this |
|
section stays all proceedings in the district court in which the |
|
original case was filed until the chief justice of the supreme court |
|
acts on the petition. |
|
(c) Within a reasonable time after receipt of a petition |
|
from the attorney general under Subsection (a), the chief justice |
|
of the supreme court shall grant the petition and issue an order |
|
transferring the case to a special three-judge district court |
|
convened as provided by Section 22A.002. |
|
Sec. 22A.002. SPECIAL THREE-JUDGE DISTRICT COURT. (a) On |
|
receipt of a petition under Section 22A.001, the chief justice |
|
shall order a special three-judge district court to convene and |
|
shall appoint three persons to serve on the court as follows: |
|
(1) the district judge of the judicial district to |
|
which the original case was assigned; |
|
(2) one district judge of a judicial district other |
|
than a judicial district in the same county as the judicial district |
|
to which the original case was assigned; and |
|
(3) one justice of a court of appeals other than: |
|
(A) the court of appeals in the court of appeals |
|
district in which the original case was assigned; or |
|
(B) a court of appeals district in which the |
|
district judge appointed under Subdivision (2) sits. |
|
(b) A judge or justice appointed under Subsection (a)(2) or |
|
(3) must have been elected to that office and may not be serving an |
|
appointed term of office. |
|
(c) A special three-judge district court convened under |
|
this section shall conduct all hearings in the district court to |
|
which the original case was assigned and may use the courtroom, |
|
other facilities, and administrative support of the district court. |
|
(d) The Office of Court Administration of the Texas Judicial |
|
System shall pay the travel expenses and other incidental costs |
|
related to convening a special three-judge district court under |
|
this chapter. |
|
Sec. 22A.003. CONSOLIDATION OF RELATED ACTIONS. (a) In |
|
this section, "related case" means any case in which this state or a |
|
state officer or agency is a defendant that arises from the same |
|
nucleus of operative facts as the claim before a special |
|
three-judge district court under this chapter, regardless of the |
|
legal claims or causes of action asserted in the related case. |
|
(b) On the motion of any party to a case assigned to a |
|
special three-judge district court under Section 22A.002, the court |
|
by order shall consolidate with the cause of action before the court |
|
any related case pending in any district court or other court in |
|
this state. |
|
(c) A case consolidated under Subsection (b) must be |
|
transferred to the special three-judge district court if the court |
|
finds that transfer is necessary. The transfer may occur without |
|
the consent of the parties to the related case or of the court in |
|
which the related case is pending. |
|
Sec. 22A.004. APPLICATION OF TEXAS RULES OF CIVIL |
|
PROCEDURE. (a) Except as provided by this section, the Texas |
|
Rules of Civil Procedure and all other statutes and rules |
|
applicable to civil litigation in a district court in this state |
|
apply to proceedings before a special three-judge district court. |
|
(b) The supreme court may adopt rules for the operation of a |
|
special three-judge district court convened under this chapter and |
|
for the procedures of the court. |
|
Sec. 22A.005. ACTIONS BY JUDGE OR JUSTICE. (a) With the |
|
unanimous consent of the three judges sitting on a special |
|
three-judge district court, a judge or justice of the court may: |
|
(1) independently conduct pretrial proceedings; and |
|
(2) enter interlocutory orders before trial. |
|
(b) A judge or justice of a special three-judge district |
|
court may not independently enter a temporary restraining order, |
|
temporary injunction, or any order that finally disposes of a claim |
|
before the court. |
|
(c) Any independent action taken by one judge or justice of |
|
a special three-judge district court related to a claim before the |
|
court may be reviewed by the entire court at any time before final |
|
judgment. |
|
Sec. 22A.006. APPEAL. (a) An appeal from an appealable |
|
interlocutory order or final judgment of a special three-judge |
|
district court is to the supreme court. |
|
(b) The supreme court may adopt rules for appeals from a |
|
special three-judge district court. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2015. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 455 passed the Senate on |
|
May 4, 2015, by the following vote: Yeas 20, Nays 11. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 455 passed the House on |
|
May 19, 2015, by the following vote: Yeas 95, Nays 50, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |