CHAPTER 22. APPELLATE COURTS

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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.

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.

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.

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.

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.

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.

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.

(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.

(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.

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.

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.

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.

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.

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

(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.

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

(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.

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.

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.

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

county or to a suit for delinquent taxes.

(d) The court costs fee shall be taxed, collected,

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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