Tex. Gov't Code Section 22.228
Special Commissioner


(a)

The other justices of a court of appeals shall certify to the governor the following facts when they occur:

(1)

a justice of the court of appeals is totally disabled to discharge any of the duties of his office because of physical or mental illness that probably is permanent, has remained in that condition continuously for at least one year, and probably will continue to be incapacitated by the illness for the balance of his term of office; or

(2)

a justice of the court of appeals has been called or ordered into the active military service of the United States.

(b)

On receipt of a certificate that a justice is disabled or on active military service, the governor shall investigate and verify the facts contained in the certificate. If the governor determines that the appointment of a special commissioner is necessary, he promptly shall appoint a special commissioner who has the qualifications of a member of a court of appeals to assist the court.

(c)

A special commissioner may sit with the court, hear arguments on submitted cases, and write opinions on the cases if directed to do so by the court. When the opinion of a special commissioner is adopted by the court of appeals, it becomes the opinion of the court.

(d)

A special commissioner appointed by the governor shall receive the same compensation as a regular justice of the courts of appeals.

(e)

A special commissioner who is appointed because of the disability of a justice serves on the court until the recovery from the disability, the death, or the expiration of the term of the disabled justice, except that a special commissioner may not serve for more than two years under the same appointment. In the event of a recovery from the disability, a majority of the justices of the court of appeals shall certify to the governor that the disabled justice is recovered. The certificate of a majority of the justices is conclusive evidence of the recovery of the disabled justice.

(f)

A special commissioner who is appointed because a justice is on active military service serves on the court until the discharge of the justice from the military service or the expiration of the term of the justice who is on military service, except that a special commissioner may not serve more than two years under the same appointment. When the active military service of a justice of a court of appeals is terminated, the other justices of the court shall certify the termination to the governor. The certificate of the other justices is conclusive evidence of the termination of the active military service.

(g)

This section does not give the members of a court of appeals or the governor the power to remove or suspend from office a justice of a court of appeals or to interfere with a justice in his constitutional rights and powers.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Source: Section 22.228 — Special Commissioner, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­22.­htm#22.­228 (accessed Jun. 5, 2024).

22.001
Jurisdiction
22.002
Writ Power
22.003
Procedure of the Court
22.004
Rules of Civil Procedure
22.005
Disqualification of Justices
22.006
Adjournment
22.007
Petition for Review
22.008
Publication of Decisions
22.009
Stenographers
22.010
Sealing of Court Records
22.011
Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child Abuse
22.012
Training Related to Diversions
22.013
Judicial Instruction Related to Guardianship Issues
22.014
Senior Justice Acting for Chief Justice
22.015
Permanent Place Designations
22.017
Grants by Commissions Established by Supreme Court
22.018
Promulgation of Forms for Certain Expedited Foreclosure Proceedings
22.019
Promulgation of Certain Landlord-tenant Forms
22.020
Promulgation of Certain Probate Forms
22.022
Judicial Instruction Related to Foreign Law and Foreign Judgments
22.0035
Modification or Suspension of Certain Provisions Relating to Court Proceedings Affected by Disaster
22.0041
Rules Regarding Foreign Law and Foreign Judgments in Certain Family Law Actions
22.0042
Rules Regarding Exemptions from Seizure of Property
22.101
Seal
22.102
Mandate
22.103
Ascertainment of Facts
22.105
Disqualification
22.106
Commissioners of Court of Criminal Appeals
22.107
Commission in Aid of Court of Criminal Appeals
22.108
Rules of Appellate Procedure in Criminal Cases
22.109
Rules of Evidence in Criminal Cases
22.110
Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child Abuse and Neglect
22.111
Training for Prosecuting Attorneys Related to Punishment Enhancement Because of Bias or Prejudice
22.112
Permanent Place Designations
22.0133
Judicial, Court Investigator, and Court Visitor Training Related to Guardianships
22.0135
Judicial Guidance Related to Child Protective Services Cases and Juvenile Cases
22.201
Courts of Appeals Districts
22.202
First Court of Appeals
22.203
Second Court of Appeals
22.204
Third Court of Appeals
22.205
Fourth Court of Appeals
22.206
Fifth Court of Appeals
22.207
Sixth Court of Appeals
22.208
Seventh Court of Appeals
22.209
Eighth Court of Appeals
22.210
Ninth Court of Appeals
22.211
Tenth Court of Appeals
22.212
Eleventh Court of Appeals
22.213
Twelfth Court of Appeals
22.214
Thirteenth Court of Appeals
22.215
Fourteenth Court of Appeals
22.216
Membership
22.217
Disqualification
22.218
Term of Court
22.219
Adjournment
22.220
Civil Jurisdiction
22.221
Writ Power
22.222
Court Sitting in Panels
22.223
Court Sitting En Banc
22.224
Seal
22.225
Effect of Judgment in Civil Cases
22.226
Mandate
22.228
Special Commissioner
22.229
Appellate Judicial System Fund
22.301
Salaries of Officers and Personnel of Appellate Courts
22.302
Use of Teleconferencing Technology
22.303
Recording of Certain Court Proceedings
22.304
Court Sitting in Panels for Certain Election Proceedings
22.305
Priority of Certain Election Proceedings
22.1095
Rules on Electronic Filing of Documents for Capital Cases in Court of Criminal Appeals
22.1105
Judicial Instruction Related to Certain Alleged Child Offenders
22.1106
Judicial Instruction Related to Court-ordered Outpatient Mental Health Services
22.2151
Fifteenth Court of Appeals
22.2152
Report on Fifteenth Court of Appeals
22.3015
Expenses of Appellate Court Judge or Justice

Accessed:
Jun. 5, 2024

§ 22.228’s source at texas​.gov