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."