Bill Text: TX SB1196 | 2023-2024 | 88th Legislature | Introduced

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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

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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.