Texas voters will see a new court on the ballot this year that will have significant implications for Texas businesses and our industry.
The 15th Court of Appeals was created by the Legislature in 2023. The new appellate court with statewide jurisdiction began on September 1, 2024, with judges initially appointed by Gov. Greg Abbott. This will be the first time the judges will stand for election.
The 15th Court is of great importance to Texas business and industry. Created sideby-side with the new Texas Business Court, the statewide court of appeals has exclusive authority over Business Court decisions in litigation involving complex issues of corporate governance and high-stakes business disputes.
Previously, these matters had to wait in line in district and county courts with overcrowded dockets, increasing the expense and time required to resolve business disputes. The court has exclusive appellate jurisdiction over:
- Constitutional challenges
- Matters arising out of or related to civil appeals brought by or against the State of Texas or a board, commission, department, office or other agency in the executive branch of state government, including an institution of higher education
- Appeals from suits against an officer or employee of the state or a board, commission, department, office or other agency in the executive branch arising out of that officer's or employee's official conduct (with specified exceptions)
- Appeals from the Texas Business Court, also created in 2023
Thanks to the creation of the Business Court, complex business disputes now go directly to a trial court dedicated to resolving them quickly and efficiently. Parties are getting rulings within weeks instead of months, or in some cases, years. If they are unhappy with the results, they can appeal directly to a statewide appellate court designed specifically to hear and decide their cases in a fraction of the time it used to take in the old process.
For its initial term expiring on December 31, 2026, the Governor appointed three justices, each with extensive appellate judicial experience: Chief Justice Scott Brister, who previously served on the Texas Supreme Court, Chief Justice of the Houston 1st and 14th Courts of Appeals and as presiding judge of the 234th District Court in Harris County; Justice Scott Field, an appellate attorney who served on the Austin Court of Appeals and as judge of the 480th District Court in Williamson County; and Justice April Farris, an appellate attorney with experience in complex business litigation, former assistant solicitor general for the State of Texas and former justice of the Houston First Court of Appeals. On September 1, 2027, the court will expand to five members and Gov. Abbott will appoint two additional justices on or after that date.
More than a year into the operation of the new court, evidence is mounting that both courts are working precisely as the Legislature intended. Appeals are moving swiftly through the court, and thus far, appeals from the court's decisions to the Texas Supreme Court seem to be few and far between. This positive trend is a tribute to the quality of Gov. Abbott's appointments to the court and to the dedication and hard work of the jurists themselves. But we should not forget that Texas has an elected judiciary, and the 15th Court is no exception. Each of the initial three appointees is up for re-election this November, and the additional two appointed in the fall of 2027 will go before the electorate in 2028.
Business and industry must be vigilant about this court and do everything possible to support experienced and qualified candidates, such as the three incumbents on this year's ballot. Failure to do so could undermine the stability of Texas business law in the future. If we do our part, we can look forward to sustaining and building upon the strongest business climate in the country.
For more information, visit texaschemistry.org.
