Bill Text: TX HJR35 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Proposing a constitutional amendment to abolish the court of criminal appeals and establish one supreme court with civil and criminal jurisdiction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-11 - Referred to Judiciary & Civil Jurisprudence [HJR35 Detail]

Download: Texas-2011-HJR35-Introduced.html

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82R1213 YDB-D
By: Raymond H.J.R. No. 35

A JOINT RESOLUTION
proposing a constitutional amendment to abolish the court of
criminal appeals and establish one supreme court with civil and
criminal jurisdiction.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 11a, Article I, Texas
Constitution, is amended to read as follows:
(a) Any person (1) accused of a felony less than capital in
this State, who has been theretofore twice convicted of a felony,
the second conviction being subsequent to the first, both in point
of time of commission of the offense and conviction therefor, (2)
accused of a felony less than capital in this State, committed while
on bail for a prior felony for which he has been indicted, (3)
accused of a felony less than capital in this State involving the
use of a deadly weapon after being convicted of a prior felony, or
(4) accused of a violent or sexual offense committed while under the
supervision of a criminal justice agency of the State or a political
subdivision of the State for a prior felony, after a hearing, and
upon evidence substantially showing the guilt of the accused of the
offense in (1) or (3) above, of the offense committed while on bail
in (2) above, or of the offense in (4) above committed while under
the supervision of a criminal justice agency of the State or a
political subdivision of the State for a prior felony, may be denied
bail pending trial, by a district judge in this State, if said order
denying bail pending trial is issued within seven calendar days
subsequent to the time of incarceration of the accused; provided,
however, that if the accused is not accorded a trial upon the
accusation under (1) or (3) above, the accusation and indictment
used under (2) above, or the accusation or indictment used under (4)
above within sixty (60) days from the time of his incarceration upon
the accusation, the order denying bail shall be automatically set
aside, unless a continuance is obtained upon the motion or request
of the accused; provided, further, that the right of appeal to the
Supreme Court [of Criminal Appeals] of this State is expressly
accorded the accused for a review of any judgment or order made
hereunder, and said appeal shall be given preference by the Supreme
Court [of Criminal Appeals].
SECTION 2. Section 1, Article V, Texas Constitution, is
amended to read as follows:
Sec. 1. (a) The judicial power of this State shall be vested
in one Supreme Court, [in one Court of Criminal Appeals,] in Courts
of Appeals, in District Courts, in County Courts, in Commissioners
Courts, in Courts of Justices of the Peace, and in such other courts
as may be provided by law.
(b) The Legislature may establish such other courts as it
may deem necessary and prescribe the jurisdiction and organization
thereof, and may conform the jurisdiction of the district and other
inferior courts thereto.
(c) A reference in this constitution or other law to the
Court of Criminal Appeals means the Supreme Court, a reference to a
judge of the Court of Criminal Appeals means a justice of the
Supreme Court, and a reference to the presiding judge of the Court
of Criminal Appeals means the chief justice of the Supreme Court.
SECTION 3. Subsection (8), Section 1-a, Article V, Texas
Constitution, is amended to read as follows:
(8) After such investigation as it deems necessary, the
Commission may in its discretion issue a private or public
admonition, warning, reprimand, or requirement that the person
obtain additional training or education, or if the Commission
determines that the situation merits such action, it may institute
formal proceedings and order a formal hearing to be held before it
concerning the public censure, removal, or retirement of a person
holding an office or position specified in Subsection (6) of this
Section, or it may in its discretion request the Supreme Court to
appoint an active or retired District Judge or Justice of a Court of
Appeals, a [or] retired [Judge or] Justice of the [Court of Criminal
Appeals or the] Supreme Court, or a retired Judge of the Court of
Criminal Appeals, as that court existed before January 1, 2012, as a
Master to hear and take evidence in any such matter, and to report
thereon to the Commission. The Master shall have all the power of a
District Judge in the enforcement of orders pertaining to
witnesses, evidence, and procedure. If, after formal hearing, or
after considering the record and report of a Master, the Commission
finds good cause therefor, it shall issue an order of public censure
or it shall recommend to a review tribunal the removal or
retirement, as the case may be, of the person in question holding an
office or position specified in Subsection (6) of this Section and
shall thereupon file with the tribunal the entire record before the
Commission.
SECTION 4. Section 3, Article V, Texas Constitution, is
amended by amending Subsection (a) and adding Subsections (c) and
(d) to read as follows:
(a) The Supreme Court shall exercise the judicial power of
the state except as otherwise provided in this Constitution. Its
jurisdiction shall be co-extensive with the limits of the State and
its determinations shall be final [except in criminal law matters].
Its appellate jurisdiction shall be final and shall extend to all
cases except [in criminal law matters and] as otherwise provided in
this Constitution or by law. The Supreme Court and the Justices
thereof shall have power to issue writs of habeas corpus, as may be
prescribed by law, and under such regulations as may be prescribed
by law, the said courts and the Justices thereof may issue the writs
of mandamus, procedendo, prohibition, certiorari and such other
writs, as may be necessary to enforce its jurisdiction. The
Legislature may confer original jurisdiction on the Supreme Court
to issue writs of quo warranto and mandamus in such cases as may be
specified, except as against the Governor of the State.
(c) The appeal of all cases in which the death penalty has
been assessed shall be to the Supreme Court. The appeal of all
other criminal cases shall be to the Courts of Appeals as prescribed
by law. In addition, the Supreme Court may, on its own motion,
review a decision of a Court of Appeals in a criminal case as
provided by law. Discretionary review by the Supreme Court is not a
matter of right, but of sound judicial discretion.
(d) For the purpose of hearing criminal cases, the Supreme
Court may sit in panels of three Justices designated in accordance
with rules established by the court. In a panel of three Justices,
two Justices constitute a quorum and the concurrence of two
Justices is required for a decision. The Chief Justice, under rules
established by the court, may convene the court en banc for the
purpose of hearing criminal cases. The court must sit en banc
during proceedings involving capital punishment and other cases as
required by law. When convened en banc, five Justices constitute a
quorum and the concurrence of five Justices is required for a
decision. The Supreme Court may appoint Commissioners in aid of the
court as provided by law.
SECTION 5. Section 3-c, Article V, Texas Constitution, is
amended to read as follows:
Sec. 3-c. (a) The supreme court has [and the court of
criminal appeals have] jurisdiction to answer questions of state
law certified from a federal appellate court.
(b) The supreme court [and the court of criminal appeals]
shall promulgate rules of procedure relating to the review of those
questions.
SECTION 6. Section 5a, Article V, Texas Constitution, is
amended to read as follows:
Sec. 5a. The Supreme Court[, Court of Criminal Appeals,]
and each Court of Appeals shall each appoint a clerk of the court,
who shall give bond in the manner required by law, may hold office
for four years subject to removal by the appointing court for good
cause entered of record on the minutes of the court, and shall
receive such compensation as the legislature may provide.
SECTION 7. Section 5b, Article V, Texas Constitution, is
amended to read as follows:
Sec. 5b. The Supreme Court [and the Court of Criminal
Appeals] may sit at any time during the year at the seat of
government or, at the court's discretion, at any other location in
this state for the transaction of business, and each term [of either
court] shall begin and end with each calendar year.
SECTION 8. Subsection (b), Section 7a, Article V, Texas
Constitution, is amended to read as follows:
(b) The membership of the board consists of the Chief
Justice of the Texas Supreme Court who serves as chairman, [the
presiding judge of the Texas Court of Criminal Appeals,] the
presiding judge of each of the administrative judicial districts of
the state, the president of the Texas Judicial Council, and one
person who is licensed to practice law in this state appointed by
the governor with the advice and consent of the senate for a term of
four years. In the event of a vacancy in the appointed membership,
the vacancy is filled for the unexpired term in the same manner as
the original appointment.
SECTION 9. Section 11, Article V, Texas Constitution, is
amended to read as follows:
Sec. 11. (a) No judge shall sit in any case wherein the
judge may be interested, or where either of the parties may be
connected with the judge, either by affinity or consanguinity,
within such a degree as may be prescribed by law, or when the judge
shall have been counsel in the case. When the Supreme Court or[,
the Court of Criminal Appeals,] the Court of Appeals[,] or any
member of [any of] those courts shall be thus disqualified to hear
and determine any case or cases in said court, the same shall be
certified to the Governor of the State, who shall immediately
commission the requisite number of persons learned in the law for
the trial and determination of such cause or causes. When a judge
of the District Court is disqualified by any of the causes above
stated, the parties may, by consent, appoint a proper person to try
said case; or upon their failing to do so, a competent person may be
appointed to try the same in the county where it is pending, in such
manner as may be prescribed by law.
(b) The [And the] District Judges may exchange districts, or
hold courts for each other when they may deem it expedient, and
shall do so when required by law. This disqualification of judges
of inferior tribunals shall be remedied and vacancies in their
offices filled as may be prescribed by law.
SECTION 10. Section 28(a), Article V, Texas Constitution,
is amended to read as follows:
(a) A vacancy in the office of Chief Justice, Justice, or
Judge of the Supreme Court, [the Court of Criminal Appeals,] the
Court of Appeals, or the District Courts shall be filled by the
Governor until the next succeeding General Election for state
officers, and at that election the voters shall fill the vacancy for
the unexpired term.
SECTION 11. Section 31(c), Article V, Texas Constitution,
is amended to read as follows:
(c) The legislature may delegate to the Supreme Court [or
Court of Criminal Appeals] the power to promulgate such other rules
as may be prescribed by law or this Constitution, subject to such
limitations and procedures as may be provided by law.
SECTION 12. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This section applies to the
constitutional amendment proposed by the 82nd Legislature, Regular
Session, 2011, abolishing the court of criminal appeals and vesting
that court's criminal jurisdiction in the supreme court. The
constitutional amendment takes effect January 1, 2012.
(b) The court of criminal appeals and the positions of judge
and presiding judge of the court of criminal appeals are abolished
on January 1, 2012.
(c) Unless otherwise provided by the supreme court under
this subsection or by other law, a matter pending before the court
of criminal appeals immediately before January 1, 2012, is
considered pending in the supreme court on that date. The supreme
court by rule or order may make any provision necessary to ensure
that a change made by the constitutional amendment described by
Subsection (a) of this section or by the legislature in conformance
with that constitutional amendment does not adversely affect the
substantial rights of any party having a matter pending before any
court on January 1, 2012.
(d) Except as otherwise provided by law, rules adopted by
the court of criminal appeals that are in effect immediately before
January 1, 2012, are continued in effect until superseded by law or
supreme court rules.
(e) The supreme court by rule or order may adopt any
additional saving or transitional procedures or provisions the
supreme court considers appropriate to implement the
constitutional amendment described by Subsection (a) of this
section fairly and efficiently. A rule or order under this
subsection may be superseded by statute.
(f) This section expires January 1, 2015.
SECTION 13. Sections 4 and 5, Article V, Texas
Constitution, are repealed.
SECTION 14. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment to abolish the court of
criminal appeals and establish one supreme court with civil and
criminal appellate jurisdiction."