S.B. No. 455
 
 
 
 
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