By: Montford S.B. No. 869
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the jurisdiction, organization and operations of the
1-2 Supreme Court.
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
2-1 is of such importance to the jurisprudence of the state that, in
2-2 the opinion of the supreme court, it requires correction, but
2-3 excluding those cases in which the jurisdiction of the court of
2-4 appeals is made final by statute.
2-5 SECTION 2. Section 22.002(a), Government Code, is amended to
2-6 read as follows:
2-7 (a) The supreme court or a justice of the supreme court may
2-8 issue writs of procedendo and certiorari and all writs of quo
2-9 warranto and mandamus agreeable to the principles of law regulating
2-10 those writs, against a district judge, a court of appeals or a
2-11 justice of a court of appeals, or any officer of state government
2-12 except the governor<, the court of criminal appeals, or a judge of
2-13 the court of criminal appeals>.
2-14 SECTION 3. Section 22.005(a), Government Code, is amended to
2-15 read as follows:
2-16 (a) The chief justice shall certify to the governor the
2-17 following facts when they occur:
2-18 (1) at least four <five> members of a division of the
2-19 supreme court are disqualified to hear and determine a case in the
2-20 court; or
2-21 (2) the justices of a division of the court are
2-22 equally divided in opinion because of the absence or
2-23 disqualification of one or more of its members.
2-24 SECTION 4. Subchapter A, Chapter 22, Government Code, is
2-25 amended by adding Section 22.013 to read as follows:
3-1 Sec. 22.013. Reference to Court of Criminal Appeals. A
3-2 reference in state law to the court of criminal appeals means the
3-3 supreme court.
3-4 SECTION 5. Section 22.101, Government Code, is amended to
3-5 read as follows:
3-6 Sec. 22.101. Seal. (a) The criminal division of the
3-7 supreme court <court of criminal appeals> shall use a seal on which
3-8 there is engraved a star with five points and the words "Supreme
3-9 Court of Texas, Criminal Division <"Court of Criminal Appeals of
3-10 Texas>."
3-11 (b) The writs and processes issued from the criminal
3-12 division of the supreme court <court of criminal appeals> shall
3-13 bear the name of the presiding judge of the division and the seal
3-14 of the division <court>.
3-15 SECTION 6. Section 22.102, Government Code, is amended to
3-16 read as follows:
3-17 Sec. 22.102. Mandate. When the court from which an appeal
3-18 is taken is deprived of jurisdiction over the case pending the
3-19 appeal and the case is determined by a court of appeals or the
3-20 criminal division of the supreme court <court of criminal appeals>,
3-21 the mandate of the appellate court that determined the case shall
3-22 be directed to the court that had jurisdiction over the case, as
3-23 also provided by Section 22.226.
3-24 SECTION 7. Section 22.103, Government Code, is amended to
3-25 read as follows:
4-1 Sec. 22.103. Ascertainment of Facts. The criminal division
4-2 of the supreme court <court of criminal appeals> may ascertain, on
4-3 affidavit or otherwise, the matters of fact that are necessary to
4-4 the exercise of its jurisdiction.
4-5 SECTION 8. Section 22.105, Government Code, is amended to
4-6 read as follows:
4-7 Sec. 22.105. Disqualification. (a) The fact that a justice
4-8 <judge> of the criminal division of the supreme court <court of
4-9 criminal appeals> is disqualified under the constitution and laws
4-10 of this state to hear and determine a case shall be certified to
4-11 the governor.
4-12 (b) The governor immediately shall commission a person who
4-13 is learned in the law and has the same qualifications required for
4-14 a justice of the supreme court to act in the place of the
4-15 disqualified justice <judge>.
4-16 SECTION 9. Section 22.108, Government Code, is amended to
4-17 read as follows:
4-18 Sec. 22.108. Rules of Appellate Procedure in Criminal Cases.
4-19 (a) The supreme court <of criminal appeals> is granted rulemaking
4-20 power to promulgate rules of posttrial, appellate, and review
4-21 procedure in criminal cases except that its rules may not abridge,
4-22 enlarge, or modify the substantive rights of a litigant.
4-23 (b) The supreme court <of criminal appeals> may promulgate a
4-24 comprehensive body of rules of posttrial, appellate, and review
4-25 procedure in criminal cases and from time to time may promulgate a
5-1 specific rule or rules of posttrial, appellate, or review procedure
5-2 in criminal cases or an amendment or amendments to a specific rule
5-3 or rules. Rules and amendments adopted under this subsection are
5-4 effective at the time the supreme court <of criminal appeals>
5-5 considers expedient in the interest of a proper administration of
5-6 justice. The rules and amendments to rules remain in effect unless
5-7 and until disapproved, modified, or changed by the legislature.
5-8 The clerk of the court <of criminal appeals> shall file with the
5-9 secretary of state the rules or amendments to rules promulgated by
5-10 the court <of criminal appeals> under this subsection.
5-11 (c) The rules of posttrial, appellate, and review procedure
5-12 in criminal cases shall be published in the Texas Register and in
5-13 the Texas Bar Journal. The supreme court <of criminal appeals> may
5-14 adopt the method it considers expedient for the printing and
5-15 distribution of the rules.
5-16 SECTION 10. Section 22.109, Government Code, is amended to
5-17 read as follows:
5-18 Sec. 22.109. Rules of Evidence in Criminal Cases. (a) The
5-19 supreme court <of criminal appeals> has the full rulemaking power
5-20 in the promulgation of rules of evidence in the trials of criminal
5-21 cases, except that its rules may not abridge, enlarge, or modify
5-22 the substantive rights of a litigant.
5-23 (b) The supreme court <of criminal appeals> may promulgate a
5-24 comprehensive body of rules of evidence in the trials of criminal
5-25 cases and from time to time may promulgate a specific rule or rules
6-1 of evidence or an amendment or amendments to a specific rule or
6-2 rules. Rules and amendments adopted under this subsection are
6-3 effective at the time the supreme court <of criminal appeals>
6-4 considers expedient in the interest of a proper administration of
6-5 justice. The rules and amendments to rules remain in effect unless
6-6 and until disapproved by the legislature. The secretary of state
6-7 shall report the rules or amendments to rules to the next regular
6-8 session of the legislature by mailing a copy of the rules or
6-9 amendments to rules to each elected member of the legislature on or
6-10 before December 1 immediately preceding the session.
6-11 (c) The rules of evidence in the trials of criminal cases
6-12 shall be published in the Texas Register and in the Texas Bar
6-13 Journal. The supreme court <of criminal appeals> may adopt the
6-14 method it considers expedient for the printing and distribution of
6-15 the rules.
6-16 SECTION 11. Section 22.226, Government Code, is amended to
6-17 read as follows:
6-18 Sec. 22.226. Mandate. When the court from which an appeal
6-19 is taken is deprived of jurisdiction over the case pending the
6-20 appeal and the case is determined by a court of appeals or the
6-21 criminal division of the supreme court <court of criminal appeals>,
6-22 the mandate of the appellate court that determines the case shall
6-23 be directed to the court that had jurisdiction over the case, as
6-24 also provided by Section 22.102.
6-25 SECTION 12. Section 22.301, Government Code, is amended to
7-1 read as follows:
7-2 Sec. 22.301. Salaries of Officers and Personnel of Appellate
7-3 Courts. The salaries of the state prosecuting attorney and the
7-4 clerks, other officers, and employees of the supreme court, <court
7-5 of criminal appeals,> and courts of appeals shall be determined by
7-6 the legislature in its appropriation acts for the support of the
7-7 judiciary.
7-8 SECTION 13. Section 71.011, Government Code, is amended to
7-9 read as follows:
7-10 Sec. 71.011. Number and Classes of Members. The Texas
7-11 Judicial Council is an agency of the state composed of 11 <10> ex
7-12 officio and nine appointive members.
7-13 SECTION 14. Subsections (a) and (b), Section 71.012,
7-14 Government Code, are amended to read as follows:
7-15 (a) The ex officio members are:
7-16 (1) the chief justice of Texas <the supreme court>;
7-17 (2) the presiding justice of the civil division of the
7-18 supreme court <judge of the court of criminal appeals>;
7-19 (3) the presiding justice of the criminal division of
7-20 the supreme court;
7-21 (4) the chairman of the Senate Jurisprudence
7-22 Committee;
7-23 (5) <(4)> the immediate past chairman of the Senate
7-24 Jurisprudence Committee;
7-25 (6) <(5)> the chairman of the House Judicial Affairs
8-1 <Judiciary> Committee;
8-2 (7) <(6)> the immediate past chairman of the House
8-3 Judicial Affairs <Judiciary> Committee;
8-4 (8) <(7)> two justices of the courts of appeals
8-5 designated by the governor; and
8-6 (9) <(8)> two presiding judges of the administrative
8-7 judicial regions designated by the governor.
8-8 (b) If the chairman of the Senate Jurisprudence Committee or
8-9 House Judicial Affairs <Judiciary> Committee is reappointed as
8-10 chairman, his or her immediate predecessor shall continue to serve
8-11 on the council as immediate past chairman.
8-12 SECTION 15. Subsections (a), (b), and (f), Section 71.013,
8-13 Government Code, are amended to read as follows:
8-14 (a) The chief justice <of the supreme court> and the
8-15 presiding justices of the civil and criminal divisions of the
8-16 supreme court <judge of the court of criminal appeals> are members
8-17 of the council as long as they hold those offices.
8-18 (b) Justices of the courts of appeals and presiding judges
8-19 of the administrative judicial regions are members of the council
8-20 for staggered terms of four years with one court of appeals
8-21 justice's and one presiding judge's term expiring on February 1 of
8-22 each odd-numbered year.
8-23 (f) The chief justice <of the supreme court and the
8-24 presiding judge of the court of criminal appeals> may <each>
8-25 designate a member of the supreme <his> court to act in the chief
9-1 justice's <his> stead under this chapter. The designated person
9-2 serves at the will of the chief justice <official who chose him for
9-3 service>.
9-4 SECTION 16. Section 74.005, Government Code, is amended to
9-5 read as follows:
9-6 Sec. 74.005. Appointment of Regional Presiding Judges.
9-7 (a) The supreme court <governor>, with the advice and consent of
9-8 the senate, shall appoint one judge in each administrative region
9-9 as presiding judge of the region.
9-10 (b) On the death, resignation, or expiration of the term of
9-11 office of a presiding judge, the supreme court <governor>
9-12 immediately shall appoint or reappoint a presiding judge.
9-13 SECTION 17. Subsection (a), Section 75.002, Government Code,
9-14 is amended to read as follows:
9-15 (a) A retiree who makes an election under Section 75.001 is,
9-16 with the retiree's consent to each assignment, subject to
9-17 assignment:
9-18 (1) by the chief justice of the supreme court to sit
9-19 on any court of the state of the same or lesser dignity as that on
9-20 which the person sat before retirement; and
9-21 (2) <by the presiding judge of the court of criminal
9-22 appeals to sit as a commissioner of that court; and>
9-23 <(3)> if the retiree's last judicial office before
9-24 retirement was judge of a district or statutory county court, by
9-25 the presiding judge of an administrative judicial region to sit on
10-1 a district or statutory county court in that administrative region
10-2 or, on request of the presiding judge of another administrative
10-3 region, to that administrative region.
10-4 SECTION 18. Subsection (b), Section 91.003, Government Code,
10-5 is amended to read as follows:
10-6 (b) The board is composed of the chief justice of the
10-7 supreme court<, the presiding judge of the court of criminal
10-8 appeals,> and the attorney general.
10-9 SECTION 19. Subsections (c) and (h), Section 52.092,
10-10 Election Code, are amended to read as follows:
10-11 (c) Statewide offices of the state government shall be
10-12 listed in the following order:
10-13 (1) governor;
10-14 (2) lieutenant governor;
10-15 (3) attorney general;
10-16 (4) comptroller of public accounts;
10-17 (5) state treasurer;
10-18 (6) commissioner of the General Land Office;
10-19 (7) commissioner of agriculture;
10-20 (8) railroad commissioner;
10-21 (9) chief justice, supreme court;
10-22 (10) justice, supreme court;
10-23 <(11) presiding judge, court of criminal appeals;>
10-24 <(12) judge, court of criminal appeals>.
10-25 (h) The secretary of state shall assign a place number to
11-1 each position to be filled at the general election for state and
11-2 county officers for each full or unexpired term in the following
11-3 offices:
11-4 (1) justice, supreme court; and
11-5 (2) <judge, court of criminal appeals; and>
11-6 <(3)> justice, court of appeals in a court having a
11-7 membership in excess of three, if distinguishing the positions to
11-8 be filled is necessary.
11-9 SECTION 20. Article 5961, Revised Civil Statutes of Texas,
11-10 1925, is amended to read as follows:
11-11 Article 5961. By impeachment
11-12 The Governor, Lieutenant Governor, Secretary of State,
11-13 Attorney General, State Treasurer, Commissioner of the General Land
11-14 Office, Comptroller, Commissioner of Insurance, Banking
11-15 Commissioner, Justices of the Supreme Court, <Judges of the Court
11-16 of Criminal Appeals,> Justices of the Courts of Appeals, Judges of
11-17 the district courts, Judges of the criminal district courts, and
11-18 all other State officers and heads of State departments or
11-19 institutions of any kind, and all members, regents, trustees,
11-20 commissioners having control or management of any State institution
11-21 or enterprise, shall be removed from office or position by
11-22 impeachment in the manner provided in the Constitution and in this
11-23 title, the remedy by impeachment as herein provided for being
11-24 cumulative of all other remedies with respect to the impeachment or
11-25 removal of public officers.
12-1 SECTION 21. Article 5964, Revised Civil Statutes of Texas,
12-2 1925, is amended to read as follows:
12-3 Art. 5964. Removed by address
12-4 The justices of the Supreme Court, <judges of the Court of
12-5 Criminal Appeals,> justices of the Courts of Appeals, judges of the
12-6 district courts and judges of the criminal district courts, the
12-7 Commissioner of Agriculture, Commissioner of Insurance, and Banking
12-8 Commissioner shall be removed from office by the Governor on the
12-9 address of two-thirds of each house of the Legislature, for wilful
12-10 neglect of duty, incompetency, habitual drunkenness, oppression in
12-11 office, breach of trust, or other reasonable cause which shall not
12-12 be sufficient ground for impeachment. The cause for such removal
12-13 shall be stated at length in such address, and entered on the
12-14 journals of each house. The officer so intended to be removed
12-15 shall have notice of the cause assigned for his removal, and shall
12-16 be admitted to a hearing in his own defense before any vote for
12-17 such address shall be heard. The vote in all such cases shall be
12-18 taken by yeas and nays and entered on the journals of each house
12-19 respectively.
12-20 SECTION 22. Section 2, Chapter 48, General Laws of Texas,
12-21 Acts of the 44th Legislature, Regular Session, 1935 (Article 6813b,
12-22 Vernon's Texas Civil Statutes), are amended to read as follows:
12-23 Sec. 2. All laws and parts of laws fixing the salaries of
12-24 all State officers and employees, saving only the exception
12-25 specified in Section 1 of this Act and the Position Classification
13-1 Act of 1961 (Chapter 123, Acts 1961, Fifty-seventh Legislature,
13-2 Regular Session), are hereby specifically suspended insofar as they
13-3 are in conflict with this Act. It is specifically declared to be
13-4 one of the intents hereof that any and all laws authorizing payment
13-5 of supplemental salaries from court receipts and fees to clerks and
13-6 other employees of the Courts of Appeals<,> and the Supreme Court<,
13-7 and the Court of Criminal Appeals,> are suspended insofar as they
13-8 are in conflict with this Act.
13-9 SECTION 23. Sections 22.102, 22.106, 22.107, 51.101, 51.102,
13-10 51.103, and 51.104, Government Code, are repealed.
13-11 SECTION 24. (a) This Act takes effect January 1, 1994.
13-12 (b) All records, property, and employees of the court of
13-13 criminal appeals shall be transferred to the supreme court on the
13-14 effective date of this Act.
13-15 (c) Any amount appropriated to the court of criminal appeals
13-16 for the fiscal biennium ending August 31, 1995, is transferred to
13-17 the supreme court for the same purposes for which it was
13-18 appropriated. The chief justice of the supreme court and the
13-19 presiding judge of the court of criminal appeals in office on the
13-20 effective date of this Act is entitled to the amount of salary
13-21 appropriated for that office for the fiscal biennium ending August
13-22 31, 1995.
13-23 SECTION 25. The importance of this legislation and the
13-24 crowded condition of the calendars in both houses create an
13-25 emergency and an imperative public necessity that the
14-1 constitutional rule requiring bills to be read on three several
14-2 days in each house be suspended, and this rule is hereby suspended,
14-3 and that this Act take effect and be in force from and after its
14-4 passage, and it is so enacted.