Bill Text: TX HB4187 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the jurisdiction of the Texas Supreme Court and the Court of Criminal Appeals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Judiciary & Civil Jurisprudence [HB4187 Detail]
Download: Texas-2023-HB4187-Introduced.html
88R10608 TSS-D | ||
By: Schofield | H.B. No. 4187 |
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relating to the jurisdiction of the Texas Supreme Court and the | ||
Court of Criminal Appeals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 4.01, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The | ||
following courts have jurisdiction in criminal actions: | ||
1. The Court of Criminal Appeals; | ||
2. The Texas Supreme Court in questions certified | ||
under Section 3, Article 4.04; | ||
3. Courts of appeals; | ||
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district courts of Bexar County, Dallas County, Tarrant County, or | ||
Travis County that give preference to criminal cases and the | ||
magistrates appointed by the judges of the criminal district courts | ||
of Dallas County or Tarrant County; | ||
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jurisdiction; | ||
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the district courts of Lubbock County; | ||
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Council of Judges; | ||
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County Commissioners Court; | ||
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County Commissioners Court or the local administrative judge for | ||
Brazoria County; and | ||
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the district courts of Tom Green County. | ||
SECTION 2. Article 4.04, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 4.04. COURT OF CRIMINAL APPEALS | ||
Sec. 1. Except as provided by Section 3, the [ |
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Criminal Appeals and each judge thereof shall have, and is hereby | ||
given, the power and authority to grant and issue and cause the | ||
issuance of writs of habeas corpus, and, in criminal law matters, | ||
the writs of mandamus, procedendo, prohibition, and certiorari. | ||
The court and each judge thereof shall have, and is hereby given, | ||
the power and authority to grant and issue and cause the issuance of | ||
such other writs as may be necessary to protect its jurisdiction or | ||
enforce its judgments. | ||
Sec. 2. Except as provided by Section 3, the [ |
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Criminal Appeals shall have, and is hereby given, final appellate | ||
and review jurisdiction in criminal cases coextensive with the | ||
limits of the state, and its determinations shall be final. The | ||
appeal of all cases in which the death penalty has been assessed | ||
shall be to the Court of Criminal Appeals. In addition, the Court | ||
of Criminal Appeals may, on its own motion, with or without a | ||
petition for such discretionary review being filed by one of the | ||
parties, review any decision of a court of appeals in a criminal | ||
case other than a question described by Section 3. Discretionary | ||
review by the Court of Criminal Appeals is not a matter of right, | ||
but of sound judicial discretion. | ||
Sec. 3. If the Court of Criminal Appeals determines that a | ||
petition or appeal presents a question regarding the interpretation | ||
of a provision of the Texas Constitution, the court may not issue an | ||
order on the petition or in the appeal before first certifying the | ||
question to the Texas Supreme Court and receiving an answer. The | ||
Texas Supreme Court's determination on a question certified to that | ||
court under this section is final and binding on the Court of | ||
Criminal Appeals. | ||
SECTION 3. Section 22.001, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The supreme court has appellate jurisdiction, except in | ||
criminal law matters other than a question certified under Section | ||
3, Article 4.04, Code of Criminal Procedure, of an appealable order | ||
or judgment of the trial courts if the court determines that the | ||
appeal presents a question of law that is important to the | ||
jurisprudence of the state. The supreme court's jurisdiction does | ||
not include cases in which the jurisdiction of the court of appeals | ||
is made final by statute. | ||
(a-1) The supreme court has jurisdiction to finally | ||
determine questions regarding the interpretation of a provision of | ||
the Texas Constitution certified to the court by the court of | ||
criminal appeals under Section 3, Article 4.04, Code of Criminal | ||
Procedure. | ||
SECTION 4. The changes in law made by this Act apply to a | ||
petition or appeal filed in the court of criminal appeals on or | ||
after the effective date of this Act. A petition or appeal filed in | ||
the court of criminal appeals before the effective date of this Act | ||
is governed by the law in effect on the date the petition or appeal | ||
was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |