| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the jurisdiction of the supreme court and the court of |
|
|
criminal appeals. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 22.002, Government Code, is amended by |
|
|
adding Subsection (f) to read as follows: |
|
|
(f) If the court of criminal appeals finds that a statute, |
|
|
rule, or procedure is unconstitutional, the supreme court, on the |
|
|
petition of the attorney general or a district or county attorney, |
|
|
has original civil jurisdiction to issue writs of quo warranto and |
|
|
mandamus to correct any error in the court of criminal appeals' |
|
|
decision. The jurisdiction granted by this subsection applies |
|
|
regardless of whether the decision of the court of criminal appeals |
|
|
is: |
|
|
(1) based on the state constitution, federal |
|
|
constitution, or both; |
|
|
(2) characterized as criminal or civil; or |
|
|
(3) characterized as final or nonfinal. |
|
|
SECTION 2. Subchapter B, Chapter 22, Government Code, is |
|
|
amended by adding Section 22.1025 to read as follows: |
|
|
Sec. 22.1025. CONSTITUTIONAL RULINGS. (a) A decision by |
|
|
the court of criminal appeals that a statute, rule, or procedure |
|
|
violates the state or federal constitution is not final and has no |
|
|
effect until the later of: |
|
|
(1) the 60th day after the date of the decision; or |
|
|
(2) the denial or dismissal of a petition filed in the |
|
|
supreme court as provided by Section 22.002(f). |
|
|
(b) This section is adopted under the legislative authority |
|
|
provided by Section 5(a), Article V, Texas Constitution. |
|
|
SECTION 3. This Act applies to any decision issued by the |
|
|
court of criminal appeals on or after September 1, 2023. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |