Bill Text: TX SB1196 | 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) 2023-03-09 - Referred to State Affairs [SB1196 Detail]

Download: Texas-2023-SB1196-Introduced.html
  88R9574 TSS-F
 
  By: Hughes S.B. No. 1196
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 a conflict described by
  Section 22.001(a-1), Government Code;
               3.  Courts of appeals;
               4. [3.]  The district courts;
               5. [4.]  The criminal district courts;
               6. [5.]  The magistrates appointed by the judges of the
  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;
               7. [6.]  The county courts;
               8. [7.]  All county courts at law with criminal
  jurisdiction;
               9. [8.]  County criminal courts;
               10. [9.] Justice courts;
               11. [10.]  Municipal courts;
               12. [11.]  The magistrates appointed by the judges of
  the district courts of Lubbock County;
               13. [12.]  The magistrates appointed by the El Paso
  Council of Judges;
               14. [13.]  The magistrates appointed by the Collin
  County Commissioners Court;
               15. [14.]  The magistrates appointed by the Brazoria
  County Commissioners Court or the local administrative judge for
  Brazoria County; and
               16. [15.]  The magistrates appointed by the judges of
  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.  The Court of 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, other writs, including 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 22.001(a-1),
  Government Code, the [The] Court of 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 conflict described
  by Section 22.001(a-1), Government Code.  Discretionary review by
  the Court of Criminal Appeals is not a matter of right, but of sound
  judicial discretion.
         SECTION 3.  Section 22.001, Government Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (a)  The supreme court has appellate jurisdiction, except in
  criminal law matters other than a conflict described by Subsection
  (a-1), 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.
         (a-1)  The supreme court has appellate jurisdiction to
  finally resolve a conflict between the supreme court and the court
  of criminal appeals regarding the interpretation of a provision of
  the Texas Constitution on:
               (1)  submission of a writ of certiorari to the supreme
  court by a party to any proceeding in any court of this state; or
               (2)  certification of a question of law from any
  federal court [The supreme court's jurisdiction does not include
  cases in which the jurisdiction of the court of appeals is made
  final by statute].
         (b)  Except as provided by Subsection (a-1), a [A] case over
  which the court has jurisdiction under Subsection (a) may be
  carried to the supreme court by petition for review.
         SECTION 4.  It is the intent of the legislature that:
               (1)  the jurisdiction of the Texas Supreme Court as
  amended by this Act is "as otherwise provided . . . by law" within
  the meaning of Section 3(a), Article V, Texas Constitution; and
               (2)  the jurisdiction of the Court of Criminal Appeals
  as amended by this Act is "with such exceptions and under such
  regulations . . . as prescribed by law" within the meaning of
  Section 5(a), Article V, Texas Constitution.
         SECTION 5.  The changes in law made by this Act apply to any
  matter described by Section 22.001(a-1), Government Code, as added
  by this Act, pending before any court of this state on or after the
  effective date of this Act.
         SECTION 6.  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.
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