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  By: Creighton S.B. No. 455
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a special three-judge district court.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Government Code is amended
  by adding Chapter 22A to read as follows:
         CHAPTER 22A. SPECIAL THREE-JUDGE DISTRICT COURT.
         Sec. 22A.001.  MANDATORY PROCEEDINGS. (a) In any lawsuit in
  district court in which the State or an officer or agency of the
  State is a defendant and in which a claim described by subsection
  22A.001(a)(1) or 22A.001(a)(2) is filed by any party, the Attorney
  General may petition the Chief Justice of the Supreme Court for the
  formation of a special three-judge district court. This section
  applies to:
               (1)  any claim challenging the finances or operations
  of the State's public school system; and
               (2)  any claim involving the apportionment of districts
  for the Texas House, Texas Senate, U.S. Congress, State Board of
  Education, or the apportionment of state judicial districts.
         (b)  Such a petition by the Attorney General stays all
  proceedings in the district court until the Chief Justice acts on
  the petition.
         (c)  Within a reasonable time after receipt of a petition
  under section 22A.001, the Chief Justice shall order that the case
  be heard by a special three-judge district court as provided by
  section 22A.003.
         Sec. 22A.002  DISCRETIONARY PROCEEDINGS. (a) In any lawsuit
  in district court in which the State or an officer or agency of the
  State is a defendant, the Attorney General may petition the Chief
  Justice of the Supreme Court for the formation of a special
  three-judge district court as provided by section 22A.003. The
  Attorney General's petition must certify that the outcome of the
  case:
               (1)  could significantly impact the finances of the
  State;
               (2)  could significantly alter the operations of
  important statewide policies or programs; or
               (3)  is otherwise of exceptional statewide importance
  such that the case should not be decided by a single district judge.
         (b)  Such a petition by the AG stays all proceedings in the
  district court until the Chief Justice acts on the petition.
         (c)  The Chief Justice may request that any party file a
  statement objecting to or supporting the Attorney General's
  petition. No such statement may be filed unless requested by the
  Chief Justice. Any such statement shall address only whether the
  claims at issue satisfy the criteria listed in section
  22A.003(a)(1)-(a)(3)and shall not address other matters.
         (d)  The chief justice may either deny the petition or order
  that the case be heard by a special three-judge district court.
         (e)  The Chief Justice's decision to grant or deny the
  petition is final and may not be appealed or challenged.
         (f)  In ruling on a petition filed under section 22A.002, the
  Chief Justice may consider:
               (1)  whether the petition meets the standards of
  subsections 22A.002(a)(1)-22A.002(a)(3); and
               (2)  the available resources of the court system of the
  State.
         (g)  In ruling on the petition, the Chief Justice shall
  express no opinion on any question of law or fact arising from the
  claims giving rise to the petition.
         Sec. 22A.003  SPECIAL THREE-JUDGE DISTRICT COURTS. (a) After
  receipt of a petition under Section 22A.001 or after granting a
  petition under Section 22A.002, the Chief Justice shall order the
  formation of a three-judge district court. The court shall consist
  of:
               (1)  The district judge to whom the case was assigned at
  the time the petition to the Chief Justice was submitted.
               (2)  A district judge chosen by the Chief Justice who
  has been elected by the voters of a county other than the county in
  which the case was filed; and
               (3)  A justice of a court of appeals chosen by the Chief
  Justice who has been elected by the voters of a judicial district
  other than the judicial district in which the case was filed or in
  which the district judge chosen under section sits.
         (b)  The three-judge court shall sit in the county in which
  the case was filed and may use the facilities, courtroom, and
  administrative support of the district court in which the case was
  filed.
         (c)  The travel expenses and other incidental costs related
  to convening the three-judge court shall be paid by the Office of
  Court Administration.
         (d)  On the motion of any party, a special three-judge court
  shall consolidate with the cause of action before it any related
  case pending in any district court or inferior court in the State.
  Any case so consolidated shall be transferred, if necessary, to the
  district court in which the three-judge court sits. Such transfer
  may occur without the consent of the parties to the related case or
  the court in which the related case is pending. For purposes of this
  subsection, "related case" means any case in which the State or an
  agency or officer of the State is a defendant that arises from the
  same nucleus of operative facts, regardless of the legal claims or
  causes of action asserted.
         Section 22A.004 RULES OF CIVIL PROCEDURE. (a) Except as 
  provided by this section, the Texas Rules of Civil Procedure and all
  other statutes and rules normally applicable to litigation in civil
  district courts in this State shall apply to proceedings in front of
  a three-judge district court; provided, however, that the Supreme
  Court may promulgate rules for the operation of three-judge
  district courts convened under this chapter.
         Section 22A.005 ACTIONS BY JUSTICES. (a)With the unanimous
  consent of the three-judge panel, a single judge on the three-judge
  court may conduct pre-trial proceedings and enter interlocutory
  orders prior to trial.
         (b)  No single judge may enter a temporary restraining order,
  a temporary injunction, or any order that finally disposes of any
  claim.
         (c)  Any action by a single judge may be reviewed by the full
  three-judge court at any time prior to final judgment.
         Section 22A.006 APPEAL. (a) Appeal from an appealable
  interlocutory order of final judgment of a three-judge court shall
  be directly to the Supreme Court. 
         (b)  The Supreme Court may promulgate rules for appeals from
  three-judge district courts.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015. This Act applies only to
  lawsuits filed after the Act is sent to the Governor for signature.