rewriting which appeals go to the Fifteenth Court of Appeals

The text as introduced · 555 words

By: Leach
H.B. No. 5067

A BILL TO BE ENTITLED

AN ACT

relating to the jurisdiction of the Fifteenth Court of Appeals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 22.220(d), Government Code, is amended

read as follows:

(d) The Court of Appeals for the Fifteenth Court of Appeals

District has exclusive intermediate appellate jurisdiction over

the following matters arising out of or related to a civil case:

(1) matters brought by or against the state or a board,

commission, department, office, or other agency in the executive

branch of the state government, including a university system or

institution of higher education as defined by Section 61.003,

Education Code, or by or against an officer or employee of the state

or a board, commission, department, office, or other agency in the

executive branch of the state government arising out of that

officer's or employee's official conduct, other than:

(A) a proceeding brought under the Family Code

and any related motion or proceeding;

(B) a proceeding brought under Chapter 7B or

Article 17.292, Code of Criminal Procedure;

(C) a proceeding brought against a district

attorney, a criminal district attorney, or a county attorney with

criminal jurisdiction;

(D) a proceeding relating to a mental health

commitment;

(E) a proceeding relating to civil asset

forfeiture;

(F) a condemnation proceeding for the

acquisition of land or a proceeding related to eminent domain;

(G) a proceeding brought under Chapter 101, Civil

Practice and Remedies Code;

(H) a claim of personal injury or wrongful death;

(I) a proceeding brought under Chapter 125, Civil

Practice and Remedies Code, to enjoin a common nuisance;

(J) a proceeding brought under Chapter 55, Code

of Criminal Procedure;

(K) a proceeding under Chapter 22A, Government

Code;

(L) a proceeding brought under Subchapter E-1,

Chapter 411, Government Code;

(M) a proceeding brought under Chapter 21, Labor

Code;

(N) a removal action under Chapter 87, Local

Government Code; or

(O) a proceeding brought under Chapter 841,

Health and Safety Code;

(2) matters in which a party to the proceeding files a

petition, motion, or other pleading challenging the

constitutionality or validity of a state statute or rule and the

attorney general is a party to the case; and

(3) any other matter as provided by law.

(4) No civil notice of appeal filed in a trial court

shall designate that it should be assigned to the Court of Appeals

for the Fifteenth Court of Appeals District unless a matter being

appealed falls within the Court of Appeals for the Fifteenth Court

of Appeals District's exclusive jurisdiction.

SECTION 2. The changes in law made by this Act apply only to

an appeal commenced by the filing of a notice of appeal on or after

the effective date of this Act. An appeal commenced by filing a

notice of appeals before the effective date of this Act is governed

by the law applicable to that appeal immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

SECTION 3. 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, 2025.