The 85th Legislature Bathrooms, Guns, Schools and Trees— Where Can We Find Sanctuary? Andrew Weber Kelly Hart & Hallman LLP Jerry Bullard Adams, Lynch & Loftin, P.C. Dallas Bar Association/Tarrant County Bar Association Joint Appellate Seminar November 2, 2017

Come Early. Be Careful. Stay Late. Wear a Flak Jacket.

Bills that Passed

Judiciary

HB 1761 – Supreme Court Jurisdiction Removes all grounds of jurisdiction from Gov’t Code §22.001(a) except for “important to the jurisprudence of the state.” Repeals §22.225(b)-(e), which expands jurisdiction to include all interlocutory appeals (including those once final in the COA, such as FED and cases where a county court has original jurisdiction; receivers; temporary injunctions, and local elections). P-8

SB 1233 – Writs of Mandamus against Certain Judges Amends section 22.221(b) of the Government Code to add statutory county court judges, statutory probate county court judges, and associate judges of district and county family courts to the list of judges against whom a COA can issue writs of mandamus.

Constitutional Challenges to Texas Statutes vs.

SJR 6 – Constitutional Amendment Authorizing Legislature to Require Court to Provide Notice to AG of Constitutional Challenges to State Statutes Amends the Texas Constitution to specifically authorize the Legislature to: require a court to notify the AG of a challenge to the constitutionality of a Texas statute, and prescribe a reasonable period (not to exceed 45 days) after notice is provided during which the court may not enter a judgment holding a statute unconstitutional.  Effective date: January 1, 2018 (if voters approve on November 7, 2017)  

Elections

HB 25 – Elimination of Straight-Ticket Voting Amends the Election Code to eliminate straight ticket voting Effective date: September 1, 2020 P-4

Bills that Failed

HB 744 – Recovery of Attorney’s Fees Sought to amend CPRC §38.001 to provide that a person may recover reasonable attorney’s fees “from an individual or organization, or the state, an agency or institution of the state, or a political subdivision of the state…”.    “Organization” defined by BOC §1.002 (includes corporations, limited/general partnerships, LLCs, business/real estate investment trusts, joint ventures, co-ops, associations, banks, and other organizations, regardless of whether the organization is for-profit, nonprofit, domestic, or foreign),  Final Status: House passed. No hearing in the Senate.

Access to Electronic Court Records

HB 1258 – Availability of Information in Electronic Court Records Sought to implement privacy safeguards with respect to electronic court records made available to the public. Granted immunity to court clerks with respect to the handling of electronic court filings.   Original text: Prohibited public access to electronically-filed documents unless: (1) the clerk of the court has a written agreement with the person authorizing public access to the document through the database; and (2) the county commissioners court approves the agreement. Final Status: House passed. Died in Senate committee.

Chancery Court System

HB 2594 – Chancery Court System Specialized civil trial court and an appellate court to hear certain business-related litigation cases.  No jurisdiction over governmental entities (absent government entity invoking or consenting to jurisdiction), personal injury cases, or cases brought under the Estates Code, Family Code, the DTPA, and Title 9 (Trusts) of the Property Code, unless agreed to by the parties and the court. Parties have right to trial by jury “when required by the constitution.”

HB 2594 – Chancery Court System Chancery trial court: 7 judges appointed by governor for staggered 6-year terms.  Judges selected from candidate list compiled by a bipartisan advisory council (Chancery Court Nominations Advisory Council). Judges must have 10+ years of complex business law experience.   Court clerk located in Travis County, but individual judges would be based in the county seat of their respective counties.

HB 2594 – Chancery Court System Current venue rules applied, but cases could be heard in agreed-upon counties or a court-determined venue (convenient or necessary).   Court of Chancery Appeals: 7 justices appointed by governor from candidate list compiled by the Advisory Council. Justices serve 6-year terms and hear cases in panels of 3 (randomly-selected).  Supreme Court hears appeals from Chancery CA. Final Status: Died in committee (House).

Judicial Compensation

HB 3971/SB 1938 – Calculation of Judicial Salaries Created formula to determine judicial salaries.  Salary of SC justices and CCA judges (other than CJ and PJ) would be equal to the sum of:   1/3 of average salary of justices (excluding CJs) on the highest appellate courts of the 9 most populous states other than TX (2) 1/3 of salary of a judge on a U.S. court of appeals; and 1/3 of average starting base salary of 1st year associates at 5 largest law firms in Texas.

HB 3971/SB 1938 – Calculation of Judicial Salaries Under formula, salaries would be $194,000 for SC justice; $176,500 for CA justice; and $160,000 for district judge. Salaries of CJs/PJ = $2,500 more than other justices on the court. Proposed effective date: January 1, 2019 Status: Voted out of House committee; Left pending in Senate committee.  

Before You Get Behind the Wheel…

HB 62 – Prohibited Uses of Wireless Communication Devices While Operating a Motor Vehicle Prohibits drivers from using “a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.” “Electronic message” means “data that is read from or entered into a wireless communication device for the purpose of communicating with another person.”

HB 62 – Prohibited Uses of Wireless Communication Devices While Operating a Motor Vehicle Affirmative defense to prosecution if the driver: Used a portable wireless communication device in conjunction with a hands-free device; or Navigated using a GPS or other navigation system; or Reported illegal activity, summon emergency help, or enter information into an app that provides information relating to traffic and road conditions to app users; or Read an electronic message that the person reasonably believed concerned an emergency; or Activated a function that plays music.

HB 62 – Prohibited Uses of Wireless Communication Devices While Operating a Motor Vehicle Preempts local texting-and-driving ordinances, but does not address stricter cell phone bans (i.e., hands-free laws) that currently exist in almost 50 Texas cities (e.g., Austin, San Antonio, and El Paso). Violations: $25-99 fine for first-time offenders $100-200 for repeat offenders. Texting/driving accident causing death/serious bodily injury: Class A misdemeanor Up to $4,000 fine Jail term up to one year (in addition to other charges/punishments).

Thank you.