By: Smithee H.B. No. 2190
73R2311 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a single court of last resort.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.001(a), Government Code, is amended to
1-5 read as follows:
1-6 (a) The supreme court has appellate jurisdiction<, except in
1-7 criminal law matters,> coextensive with the limits of the state and
1-8 extending to all questions of law arising in the following cases
1-9 when they have been brought to the courts of appeals from
1-10 appealable judgment of the trial courts:
1-11 (1) a case in which the justices of a court of appeals
1-12 disagree on a question of law material to the decision;
1-13 (2) a case in which one of the courts of appeals holds
1-14 differently from a prior decision of another court of appeals or of
1-15 the supreme court on a question of law material to a decision of
1-16 the case;
1-17 (3) a case involving the construction or validity of a
1-18 statute necessary to a determination of the case;
1-19 (4) a case involving state revenue;
1-20 (5) a case in which the railroad commission is a
1-21 party; and
1-22 (6) any other case in which it appears that an error
1-23 of law has been committed by the court of appeals, and that error
1-24 is of such importance to the jurisprudence of the state that, in
2-1 the opinion of the supreme court, it requires correction, but
2-2 excluding those cases in which the jurisdiction of the court of
2-3 appeals is made final by statute.
2-4 SECTION 2. Section 22.002(a), Government Code, is amended to
2-5 read as follows:
2-6 (a) The supreme court or a justice of the supreme court may
2-7 issue writs of procedendo and certiorari and all writs of quo
2-8 warranto and mandamus agreeable to the principles of law regulating
2-9 those writs, against a district judge, a court of appeals or a
2-10 justice of a court of appeals, or any officer of state government
2-11 except the governor<, the court of criminal appeals, or a judge of
2-12 the court of criminal appeals>.
2-13 SECTION 3. Subchapter A, Chapter 22, Government Code, is
2-14 amended by adding Sections 22.013, 22.014, and 22.015 to read as
2-15 follows:
2-16 Sec. 22.013. REFERENCE TO COURT OF CRIMINAL APPEALS. A
2-17 reference in state law to the court of criminal appeals means the
2-18 supreme court.
2-19 Sec. 22.014. RULES OF APPELLATE PROCEDURE IN CRIMINAL CASES.
2-20 (a) The supreme court is granted rulemaking power to promulgate
2-21 rules of posttrial, appellate, and review procedure in criminal
2-22 cases except that its rules may not abridge, enlarge, or modify the
2-23 substantive rights of a litigant.
2-24 (b) The supreme court may promulgate a comprehensive body of
2-25 rules of posttrial, appellate, and review procedure in criminal
2-26 cases and from time to time may promulgate a specific rule or rules
2-27 of posttrial, appellate, or review procedure in criminal cases or
3-1 an amendment or amendments to a specific rule or rules. Rules and
3-2 amendments adopted under this subsection are effective at the time
3-3 the court considers expedient in the interest of a proper
3-4 administration of justice. The rules and amendments to rules
3-5 remain in effect unless and until disapproved, modified, or changed
3-6 by the legislature. The clerk of the court shall file with the
3-7 secretary of state the rules or amendments to rules promulgated by
3-8 the court under this subsection.
3-9 (c) The rules of posttrial, appellate, and review procedure
3-10 in criminal cases shall be published in the Texas Register and in
3-11 the Texas Bar Journal. The supreme court may adopt the method it
3-12 considers expedient for the printing and distribution of the rules.
3-13 Sec. 22.015. RULES OF EVIDENCE IN CRIMINAL CASES. (a) The
3-14 supreme court has the full rulemaking power in the promulgation of
3-15 rules of evidence in the trials of criminal cases, except that its
3-16 rules may not abridge, enlarge, or modify the substantive rights of
3-17 a litigant.
3-18 (b) The supreme court may promulgate a comprehensive body of
3-19 rules of evidence in the trials of criminal cases and from time to
3-20 time may promulgate a specific rule or rules of evidence or an
3-21 amendment or amendments to a specific rule or rules. Rules and
3-22 amendments adopted under this subsection are effective at the time
3-23 the court considers expedient in the interest of a proper
3-24 administration of justice. The rules and amendments to rules
3-25 remain in effect unless and until disapproved by the legislature.
3-26 The secretary of state shall report the rules or amendments to
3-27 rules to the next regular session of the legislature by mailing a
4-1 copy of the rules or amendments to rules to each elected member of
4-2 the legislature on or before December 1 immediately preceding the
4-3 session.
4-4 (c) The rules of evidence in the trials of criminal cases
4-5 shall be published in the Texas Register and in the Texas Bar
4-6 Journal. The supreme court may adopt the method it considers
4-7 expedient for the printing and distribution of the rules.
4-8 SECTION 4. Subchapter B, Chapter 22, Government Code, is
4-9 repealed.
4-10 SECTION 5. Section 22.226, Government Code, is amended to
4-11 read as follows:
4-12 Sec. 22.226. Mandate. When the court from which an appeal
4-13 is taken is deprived of jurisdiction over the case pending the
4-14 appeal and the case is determined by a court of appeals <or the
4-15 court of criminal appeals>, the mandate of the appellate court that
4-16 determines the case shall be directed to the court that had
4-17 jurisdiction over the case<, as also provided by Section 22.102>.
4-18 SECTION 6. Section 22.301, Government Code, is amended to
4-19 read as follows:
4-20 Sec. 22.301. SALARIES OF OFFICERS AND PERSONNEL OF APPELLATE
4-21 COURTS. The salaries of the <state prosecuting attorney and the>
4-22 clerks, other officers, and employees of the supreme court<, court
4-23 of criminal appeals,> and courts of appeals shall be determined by
4-24 the legislature in its appropriation acts for the support of the
4-25 judiciary.
4-26 SECTION 7. (a) All records, property, and employees of the
4-27 court of criminal appeals shall be transferred to the supreme court
5-1 on the effective date of this Act.
5-2 (b) Any amount appropriated to the court of criminal appeals
5-3 for the fiscal biennium ending August 31, 1995, is transferred to
5-4 the supreme court for the same purposes for which it was
5-5 appropriated. The presiding judge of the court of criminal appeals
5-6 in office on the effective date of this Act is entitled to the
5-7 amount of salary appropriated for that office for the fiscal
5-8 biennium ending August 31, 1995.
5-9 SECTION 8. This Act takes effect on the date on which the
5-10 constitutional amendment proposed by the 73rd Legislature, Regular
5-11 Session, 1993, creating a single court of last resort takes effect.
5-12 If that amendment is not approved by the voters, this Act has no
5-13 effect.
5-14 SECTION 9. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.