HBA-BSM C.S.H.B. 3174 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3174
By: Solis, Jim
Judicial Affairs
4/6/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Thirteenth Court of Appeals is the only court of appeals in the state
that has two offices.  The offices are approximately 153 miles apart, and
one of the chief justice's duties is to oversee operations at both
facilities, which at times requires the chief justice to travel between the
two offices.  Currently, there are no provisions relating to reimbursement
for these travel costs.  C.S.H.B. 3174 entitles each justice of the
Thirteenth Court of Appeals to an automobile allowance not to exceed
$15,000.   The bill also implements an appellate judicial system to aid in
cutting costs and expenses incurred by the county. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 3174 amends the Government Code to provide that the commissioners
courts of the counties in the Thirteenth Court of Appeals 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 in performing official
duties.  The bill requires Nueces County each fiscal year to pay the total
amount of the expenses, and that each of the other counties in the district
is required to reimburse Nueces County for their share of the expenses paid
not later than the 60th day after the beginning of the county's fiscal
year. 

The bill also authorizes that the Court of Appeals for the Thirteenth Court
of Appeals District to be held in the City of Edinburg.  The bill
authorizes cases originating in Cameron, Hidalgo, or  
Willacy counties to be heard and transacted in Willacy County.

The bill requires the commissioners court of each county in the Thirteenth
Court of Appeals District to establish an appellate judicial system
(system) to assist the court of appeals for the county in the processing of
appeals filed with the court of appeals from the county's courts, and to
defray related costs and expenses incurred by the county.  The bill
requires the commissioners court to set a court costs fee not to exceed $5
for each civil suit filed in a court of the county, and provides for the
collection, use, and administration of the fee.  The bill also requires the
commissioners court to vest management of the system to the chief justice
of the court of appeals in the district. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3174 differs from the original by incorporating changes to the
administration of the Thirteenth Court of Appeals District.  The substitute
modifies the original by establishing an automobile allowance not  to
exceed $15,000 annually for each of the justices in performing official
duties, whereas the original bill provided for travel reimbursement for
justices of the court when performing official duties but did not set a
limit on the travel expenses.   The substitute also differs from the
original by requiring the commissioners court of each county in the
Thirteenth Court of Appeals to  establish an appellate judicial system to
assist the court of appeals in processing appeals from all of the county's
courts.