GOVERNMENT CODE
CHAPTER 22. APPELLATE COURTS
SUBCHAPTER A. SUPREME COURT
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 1106, § 1, eff. June 20, 1987; Acts
2003, 78th Leg., ch. 204, § 1.04, eff. Sept. 1, 2003.
§ 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, § 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.03, eff. Sept. 1, 1987;
Acts 1995, 74th Leg., ch. 355, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 297, § 1, eff. Aug. 28, 1989; Acts
2001, 77th Leg., ch. 644, § 1, eff. June 13, 2001.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 428, § 1, eff. June 9, 1995.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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 State Purchasing and General
Services Commission 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 State Purchasing and General Services Commission shall preserve
them.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 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, § 27, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 282, § 1, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 254, § 1, eff. May 29, 1995.
§ 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 institutional division.
(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, § 11.09(a), eff.
Aug. 29, 1991.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Aug. 28, 1995.
§ 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, § 1, eff. Sept. 1, 2003.
SUBCHAPTER B. COURT OF CRIMINAL APPEALS
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 2.04(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 297, § 2, eff. Aug.
28, 1989.
Section 11.03 of Acts 1993, 73rd Leg., ch. 900, provides:
"The rulemaking authority granted to the court of criminal appeals
under Section 22.108, Government Code, is withdrawn with respect to
rules of appellate procedure relating to granting a new trial on the
grounds of evidence other than material evidence discovered after
the trial of an offense."
§ 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, § 2.04(a), eff. Sept. 1,
1987.
§ 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY
VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE. (a) The court of
criminal appeals shall assure that judicial training related to the
problems of family violence, sexual assault, and child abuse 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 eight 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 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 three hours of training during each additional term in
office or four years of service. 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.
(c) In adopting the rules, the court of criminal appeals may
consult 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;
(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; and
(7) dynamics and effects of being a victim of family
violence, sexual assault, or child abuse.
(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, § 1, eff. Aug. 31, 1995.
Amended by Acts 1999, 76th Leg., ch. 390, § 1, eff. Aug. 31,
1999.
§ 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, § 7.01, eff. Sept. 1,
2001.
§ 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, § 2, eff. Sept. 1, 2003.
SUBCHAPTER C. COURTS OF APPEALS
§ 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, Burleson, Chambers, Colorado, Fort
Bend, Galveston, Grimes, Harris, Trinity, Walker, 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, Rockwall, and
Van Zandt.
(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 Angelina, 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, Brazos, Coryell, Ellis, Falls, Freestone,
Hamilton, Hill, Johnson, Leon, Limestone, Madison, McLennan,
Navarro, Robertson, and Somervell.
(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, Cherokee, Gregg, Henderson, Hopkins,
Houston, Kaufman, Nacogdoches, Panola, Rains, Rusk, Sabine, San
Augustine, Shelby, Smith, 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, Burleson, Chambers, Colorado,
Fort Bend, Galveston, Grimes, Harris, Trinity, Walker, Waller, and
Washington.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.02, eff. Sept. 1, 1987;
Acts 2003, 78th Leg., ch. 44, § 1, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 315, § 4, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 662, § 1, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.03 to 1.07, eff. Sept. 1,
1987.
§ 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, § 8.01(a), eff. Aug. 28,
1989.
§ 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, § 4.
(d) Repealed by Acts 2003, 78th Leg., ch. 693, § 4.
(e) Repealed by Acts 2003, 78th Leg., ch. 693, § 4.
(f) Repealed by Acts 2003, 78th Leg., ch. 693, § 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.08, 2.05(a), eff. Sept. 1,
1987; Acts 2003, 78th Leg., ch. 693, § 4, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1991.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.09, 2.06(a), eff. Sept. 1,
1987.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.07(a), eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 99, § 1, eff. May 15, 1991.
§ 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, § 1, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.10, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 210, § 1, eff. Sept. 1, 1989.
§ 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, § 8.02(a), eff. Aug. 28,
1989.
§ 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) All criminal cases from Hopkins County directed to the
Sixth or Twelfth Court of Appeals shall be filed in either the Sixth
or Twelfth Court of Appeals as provided by this subsection. The
trial court 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 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.11, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 647, § 1, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 153, § 1, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.12, eff. Sept. 1, 1987.
§ 22.209. EIGHTH COURT OF APPEALS. (a) The Court of
Appeals for the Eighth Court of Appeals District shall be held in
the City of El Paso.
(b) The court may transact its business at the county seat
of any county in the district as the court determines is necessary
and convenient, except all cases originating in El Paso County
shall be heard and transacted in that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.13, eff. Sept. 1, 1987.
§ 22.210. NINTH COURT OF APPEALS. (a) The Court of
Appeals for the Ninth Court of Appeals District shall be held in the
City of Beaumont.
(b) The City of Beaumont shall furnish and equip suitable
rooms for the court and the justices without expense to the state.
(c) The court may transact its business in the City of
Beaumont or the county seat of any county in the district as the
court determines is necessary or convenient.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.14, eff. Sept. 1, 1987;
Acts 2003, 78th Leg., ch. 22, § 1, eff. May 12, 2003.
§ 22.211. TENTH COURT OF APPEALS. (a) The Court of
Appeals for the Tenth Court of Appeals District shall be held in the
City of Waco or in the county seat of any county located within the
Tenth Court of Appeals District.
(b) The City of Waco shall furnish and equip suitable rooms
for the court and the justices without expense to the state.
(c) 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.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.15, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 729, § 1, eff. Sept. 1, 1991.
§ 22.212. ELEVENTH COURT OF APPEALS. (a) The Court of
Appeals for the Eleventh Court of Appeals District shall be held in
the City of Eastland.
(b) Eastland County shall furnish and equip suitable rooms
for the court and the justices without expense to the state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.16, eff. Sept. 1, 1987.
§ 22.213. TWELFTH COURT OF APPEALS. (a) The Court of
Appeals for the Twelfth Court of Appeals District shall be held in
the City of Tyler.
(b) The City of Tyler and Smith County shall furnish and
equip suitable rooms and a library for the court and the justices
without expense to the state.
(c) The court may transact its business in the City of Tyler
or at the county seat of any county in the district as the court
determines is necessary or convenient, except that all cases
originating in Smith County shall be heard and transacted in the
City of Tyler.
(d) Section 22.207(c) governs the assignment of criminal
cases appealed to a court of appeals from Hopkins County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.17, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 604, § 1, eff. Aug. 31, 1987; Acts
1991, 72nd Leg., ch. 647, § 2, eff. Sept. 1, 1991.
§ 22.214. THIRTEENTH COURT OF APPEALS. (a) The Court
of Appeals for the Thirteenth Court of Appeals District shall be
held in the City of Corpus Christi and the City of Edinburg.
(b) Nueces County shall furnish and equip suitable rooms in
the City of Corpus Christi and Hidalgo County shall furnish and
equip suitable rooms in the City of Edinburg for the court and the
justices without expense to the state.
(c) The court may transact its business at the county seat
of any county in the district as the court determines is necessary
and convenient, except that:
(1) all cases originating in Nueces County shall be
heard and transacted in Nueces County; and
(2) all cases originating in Cameron, Hidalgo, or
Willacy County shall be heard and transacted in Cameron, Hidalgo,
or Willacy County.
(d) The commissioners courts of the counties in the district
by adopting concurrent orders may authorize the payment of an
automobile allowance in an amount not to exceed $15,000 annually to
each of the justices of the court for automobile expenses incurred
in performing official duties.
(e) The automobile allowance authorized by Subsection (d)
is not subject to:
(1) the limitations on additional compensation paid to
a justice of a court of appeals district imposed by Section 31.003;
or
(2) the salary differentials provided by Subchapter B,
Chapter 659.
(f) Nueces County shall each fiscal year pay the total
amount of the supplemental salaries, car allowances, and fringe
benefits to the justices of the court. Each county composing the
district, except Nueces County, shall annually reimburse Nueces
County for that county's portion of the total amount paid under this
subsection by Nueces County during the preceding fiscal year. Each
county in the district, including Nueces County, is liable for a
share of the total amount paid, based on the proportion that
county's population bears to the total population of all the
counties in the district.
(g) The Commissioners Court of Nueces County shall provide
to each county liable for the reimbursement under Subsection (f) a
statement of that county's share. The statement must be approved by
the chief justice of the Court of Appeals for the Thirteenth Court
of Appeals District. A county shall pay its share of the
reimbursement not later than the 60th day after the beginning of the
county's fiscal year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.18, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 1037, § 1, eff. Aug. 28, 1989; Acts
2001, 77th Leg., ch. 1177, § 1, eff. Sept. 1, 2001.
§ 22.2141. APPELLATE JUDICIAL SYSTEM. (a) The
commissioners court of each county in the Thirteenth 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 22.214.
(b) To fund the system, the commissioners court shall set a
court costs fee of not more than $5 for each civil suit filed in a
county court, county court at law, probate court, or district court
in the county.
(c) The court costs fee does not apply to a suit filed by the
county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid
as other court costs in a suit. The clerk of the court shall collect
the court costs fee set under this section and pay it to the county
officer who performs the county treasurer's functions. That
officer shall deposit the fee in a separate appellate judicial
system fund. The commissioners court shall administer the fund to
accomplish the purposes described by Subsection (a). The fund may
not be used for any other purpose.
(e) Not later than the 91st day of each county fiscal year,
the commissioners court shall order the balance remaining in the
appellate judicial system fund at the close of the previous fiscal
year to be forwarded to the court of appeals for expenditure by the
court of appeals for the court's judicial system.
(f) The commissioners court shall vest management of the
system in the chief justice of the court of appeals in the district.
Added by Acts 2001, 77th Leg., ch. 1177, § 2, eff. Sept. 1, 2001.
§ 22.215. FOURTEENTH COURT OF APPEALS. (a) The Court
of Appeals for the Fourteenth 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 Fourteenth Court of Appeals may transact its
business in any county in the First Court of Appeals District as the
court determines necessary and convenient.
(d) 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.
(e) Section 22.202, relating to the First Court of Appeals,
contains provisions applicable to both that court and the
Fourteenth Court of Appeals.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.19, 1.20, eff. Sept. 1,
1987.
§ 22.216. MEMBERSHIP; PERMANENT PLACE
DESIGNATIONS. (a) The Court of Appeals for the First Court of
Appeals District consists of a chief justice and of eight justices
holding places numbered consecutively beginning with Place 2.
(b) The Court of Appeals for the Second Court of Appeals
District consists of a chief justice and of six justices holding
places numbered consecutively beginning with Place 2.
(c) The Court of Appeals for the Third Court of Appeals
District consists of a chief justice and of five justices holding
places numbered consecutively beginning with Place 2.
(d) The Court of Appeals for the Fourth Court of Appeals
District consists of a chief justice and of six justices holding
places numbered consecutively beginning with Place 2.
(e) The Court of Appeals for the Fifth Court of Appeals
District consists of a chief justice and of 12 justices holding
places numbered consecutively beginning with Place 2.
(f) The Court of Appeals for the Sixth Court of Appeals
District consists of a chief justice and of two justices holding
places numbered consecutively beginning with Place 2.
(g) The Court of Appeals for the Seventh Court of Appeals
District consists of a chief justice and of three justices holding
places numbered consecutively beginning with Place 2.
(h) The Court of Appeals for the Eighth Court of Appeals
District consists of a chief justice and of two justices holding
places numbered consecutively beginning with Place 2.
Text of subsec. (i) effective until January 1, 2005
(i) The Court of Appeals for the Ninth Court of Appeals
District consists of a chief justice and of two justices holding
places numbered consecutively beginning with Place 2.
Text of subsec. (i) effective January 1, 2005
(i) The Court of Appeals for the Ninth Court of Appeals
District consists of a chief justice and of three justices holding
places numbered consecutively beginning with Place 2.
(j) The Court of Appeals for the Tenth Court of Appeals
District consists of a chief justice and of two justices holding
places numbered consecutively beginning with Place 2.
(k) The Court of Appeals for the Eleventh Court of Appeals
District consists of a chief justice and of two justices holding
places numbered consecutively beginning with Place 2.
(l) The Court of Appeals for the Twelfth Court of Appeals
District consists of a chief justice and of two justices holding
places numbered consecutively beginning with Place 2.
(m) The Court of Appeals for the Thirteenth Court of Appeals
District consists of a chief justice and of five justices holding
places numbered consecutively beginning with Place 2.
(n) The Court of Appeals for the Fourteenth Court of Appeals
District consists of a chief justice and of eight justices holding
places numbered consecutively beginning with Place 2.
(o) 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.
(p) If any additional offices of justice of a court of
appeals are created, the designation for those offices shall be in
consecutive numerical order beginning with the next available place
number. 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 applicable court of appeals 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 seniority. The chief justice
of the applicable court shall file the names and place numbers of
the justices with the secretary of state and the clerk of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.21 to 1.34, eff. Sept. 1,
1987; Acts 2003, 78th Leg., ch. 315, § 5, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 315, § 6, eff. Jan. 1, 2005; Acts 2003,
78th Leg., ch. 662, § 2, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 662, § 3, eff. Jan. 1, 2005; Acts 2003, 78th Leg., ch.
693, § 3, eff. Sept. 1, 2003.
§ 22.217. DISQUALIFICATION. (a) The fact that at
least two members of a court of appeals are disqualified to
determine a case in the court shall be certified to the governor.
(b) The governor immediately shall commission the requisite
number of persons who are learned in the law to try and determine
the case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.218. TERM OF COURT. The term of each court of
appeals begins and ends with each calendar year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.219. ADJOURNMENT. (a) A court of appeals may
adjourn from day to day or for the periods that it considers proper.
(b) If a quorum of a 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 until a quorum is present, but
the court may not be finally adjourned for the term.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.220. CIVIL JURISDICTION. (a) Each court of
appeals has appellate jurisdiction of all civil cases within its
district of which the district courts or county courts have
jurisdiction when the amount in controversy or the judgment
rendered exceeds $100, exclusive of interest and costs.
(b) If a court of appeals having jurisdiction in a case,
matter, or controversy that requires immediate action is unable to
take immediate action because the illness, absence, or
unavailability of the justices causes fewer than three members of
the court to be present, the nearest available court of appeals,
under rules prescribed by the supreme court, may take the action
required in the case, matter, or controversy.
(c) Each court of appeals may, on affidavit or otherwise, as
the court may determine, ascertain the matters of fact that are
necessary to the proper exercise of its jurisdiction.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.221. WRIT POWER. (a) Each court of appeals or a
justice of a court of appeals may issue a writ of mandamus and all
other writs necessary to enforce the jurisdiction of the court.
(b) Each court of appeals for a court of appeals district
may issue all writs of mandamus, agreeable to the principles of law
regulating those writs, against a:
(1) judge of a district or county court in the court of
appeals district; or
(2) judge of a district court who is acting as a
magistrate at a court of inquiry under Chapter 52, Code of Criminal
Procedure, in the court of appeals district.
(c) Repealed by Acts 1987, 70th Leg., ch. 148, § 2.03,
eff. Sept. 1, 1987.
(d) Concurrently with the supreme court, the court of
appeals of a court of appeals district in which a person is
restrained in his liberty, or a justice of the court of appeals, may
issue a writ of habeas corpus when it appears that the restraint of
liberty is by virtue of an order, process, or commitment issued by a
court or judge because 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 court of appeals or a justice of the court of
appeals may admit to bail a person to whom the writ of habeas corpus
may be granted.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 69, § 1, eff. May 6, 1987; Acts
1987, 70th Leg., ch. 148, § 1.35, 2.03, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 58, § 1, eff. May 2, 1991; Acts 1995, 74th
Leg., ch. 839, § 1, eff. Sept. 1, 1995.
§ 22.222. COURT SITTING IN PANELS. (a) Each court of
appeals may sit in panels of not fewer than three justices for the
purpose of hearing cases.
(b) If more than one panel is used, the court of appeals
shall establish rules to periodically rotate the justices among the
panels. Permanent civil panels and criminal panels without
rotation may not be established.
(c) A majority of a panel constitutes a quorum for the
transaction of business, and the concurrence of a majority of a
panel is necessary for a decision.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.223. COURT SITTING EN BANC. (a) The chief justice
of each court of appeals, under rules established by the court,
shall convene the court en banc for the transaction of all business
other than the hearing of cases and may convene the court en banc
for the purpose of hearing cases.
(b) When convened en banc, a majority of the membership of
the court constitutes a quorum and the concurrence of a majority of
the court sitting en banc is necessary for a decision.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.224. SEAL. The clerk of each court of appeals
shall obtain a seal for the court. The seal shall have a star with
five points and the words "Court of Appeals of the State of Texas"
engraved on it.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.225. EFFECT OF JUDGMENT IN CIVIL CASES. (a) A
judgment of a court of appeals is conclusive on the facts of the
case in all civil cases.
(b) Except as provided by Subsection (c) or (d), a judgment
of a court of appeals is conclusive on the law and facts, and a
petition for review is not allowed to the supreme court, in the
following civil cases:
(1) a case appealed from a county court or from a
district court when, under the constitution, a county court would
have had original or appellate jurisdiction of the case, with the
exception of a probate matter or a case involving state revenue laws
or the validity or construction of a statute;
(2) a case of a contested election other than a
contested election for a state officer, with the exception of a case
where the validity of a statute is questioned by the decision;
(3) an appeal from an interlocutory order appointing a
receiver or trustee or from other interlocutory appeals that are
allowed by law;
(4) an appeal from an order or judgment in a suit in
which a temporary injunction has been granted or refused or when a
motion to dissolve has been granted or overruled; and
(5) all other cases except the cases where appellate
jurisdiction is given to the supreme court and is not made final in
the courts of appeals.
(c) This section does not deprive the supreme court of
jurisdiction of a civil case brought to the court of appeals from an
appealable judgment of a trial court in which the justices of the
courts of appeals disagree on a question of law material to the
decision or in which one of the courts of appeals holds differently
from a prior decision of another court of appeals or of the supreme
court, as provided by Subdivisions (1) and (2) of Section
22.001(a).
(d) A petition for review is allowed to the supreme court
for an appeal from an interlocutory order described by Section
51.014(a)(3) or (6), Civil Practice and Remedies Code.
(e) For purposes of Subsection (c), 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 1106, § 2, eff. June 20, 1987; Acts
1993, 73rd Leg., ch. 855, § 2, eff. Sept. 1, 1993; Acts 2003,
78th Leg., ch. 204, § 1.02, eff. Sept. 1, 2003.
§ 22.226. 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
determines the case shall be directed to the court that had
jurisdiction over the case, as also provided by Section 22.102.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.228. SPECIAL COMMISSIONER. (a) The other
justices of a court of appeals shall certify to the governor the
following facts when they occur:
(1) a justice of the court of appeals is totally
disabled to discharge any of the duties of his office because of
physical or mental illness that probably is permanent, has remained
in that condition continuously for at least one year, and probably
will continue to be incapacitated by the illness for the balance of
his term of office; or
(2) a justice of the court of appeals has been called
or ordered into the active military service of the United States.
(b) On receipt of a certificate that a justice is disabled
or on active military service, the governor shall investigate and
verify the facts contained in the certificate. If the governor
determines that the appointment of a special commissioner is
necessary, he promptly shall appoint a special commissioner who has
the qualifications of a member of a court of appeals to assist the
court.
(c) A special commissioner may sit with the court, hear
arguments on submitted cases, and write opinions on the cases if
directed to do so by the court. When the opinion of a special
commissioner is adopted by the court of appeals, it becomes the
opinion of the court.
(d) A special commissioner appointed by the governor shall
receive the same compensation as a regular justice of the courts of
appeals.
(e) A special commissioner who is appointed because of the
disability of a justice serves on the court until the recovery from
the disability, the death, or the expiration of the term of the
disabled justice, except that a special commissioner may not serve
for more than two years under the same appointment. In the event of
a recovery from the disability, a majority of the justices of the
court of appeals shall certify to the governor that the disabled
justice is recovered. The certificate of a majority of the justices
is conclusive evidence of the recovery of the disabled justice.
(f) A special commissioner who is appointed because a
justice is on active military service serves on the court until the
discharge of the justice from the military service or the
expiration of the term of the justice who is on military service,
except that a special commissioner may not serve more than two years
under the same appointment. When the active military service of a
justice of a court of appeals is terminated, the other justices of
the court shall certify the termination to the governor. The
certificate of the other justices is conclusive evidence of the
termination of the active military service.
(g) This section does not give the members of a court of
appeals or the governor the power to remove or suspend from office a
justice of a court of appeals or to interfere with a justice in his
constitutional rights and powers.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. GENERAL PROVISIONS
§ 22.301. SALARIES OF OFFICERS AND PERSONNEL OF
APPELLATE COURTS. The salaries of the state prosecuting attorney
and the clerks, other officers, and employees of the supreme court,
court of criminal appeals, and courts of appeals shall be
determined by the legislature in its appropriation acts for the
support of the judiciary.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 22.302. USE OF TELECONFERENCING TECHNOLOGY. (a) At
the discretion of its chief justice or presiding judge, the supreme
court, the court of criminal appeals, or a court of appeals may
order that oral argument be presented through the use of
teleconferencing technology. The court and the parties or their
attorneys may participate in oral argument from any location
through the use of teleconferencing technology.
(b) In this section, "teleconferencing technology" means
technology that provides for a conference of individuals in
different locations, connected by electronic means, through both
audio and video.
Added by Acts 1997, 75th Leg., ch. 732, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1085, § 2, eff. Sept. 1,
1999.
