Texas Government Code - Section 22.007. Application For Writ Of Error
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§ 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.
(c) Designated justices of the courts of appeals, on
receiving 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, § 1, eff. Sept. 1, 1985.
Section: 21.009 22.001 22.002 22.003 22.004 22.005 22.006 22.007 22.008 22.009 22.010 22.011 22.012 22.013 22.014
Last modified: August 11, 2007
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