HB 1091

84(R) - 2015
House Judiciary & Civil Jurisprudence
House Judiciary & Civil Jurisprudence

Companion Bill

SB 455

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Mike Schofield


Travis Clardy

Bill Caption

Relating to the creation of a special three-judge district court.

Fiscal Notes

No significant fiscal impact to the State.

Local Government Impact

Local governments would be required to provide facilities, courtroom, and administrative support in the county where the case was originally filed. According to the Office of Court Administration, no significant fiscal impact to local governments is anticipated.

Bill Analysis

HB 1091  would authorize the attorney general of the State of Texas to petition the chief justice of the Supreme Court of the State of Texas to convene a special three judge district court in any suit filed in a district court in this state in which this state or a state officer or agency is a defendant in a claim that 1) challenges the finances or operations of this state's public school system and 2) involves the apportionment of districts for the house of representatives, the senate, the State Board of Education (SBOE), or the United States Congress, or state judicial districts. The chief justice within a reasonable time of receipt would be required to issue an order transferring the case.

The three individuals required to serve would be the district judge of the judicial district to which the original case was assigned, one district judge of a judicial district other than a judicial district in the same county as the judicial district to which the original case was assigned, one justice of a court of appeals from a third different court.


Vote Recommendation Notes

This bill affirms the principle of limited government. A chief function of a limited government is to provide a fair justice system.  HB 1091 would provide input from other parts of Texas on cases that would have statewide effect, rather than letting one district decide a case (and thus the scope of what may be considered on appeal) that affects the entire state. For these reasons, we support HB 1091.