By: Montford S.J.R. No. 38
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment merging the court of criminal
1-2 appeals into the supreme court.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article I, Section 11a, of the Texas Constitution
1-5 is amended to read as follows:
1-6 Sec. 11a. Any person (1) accused of a felony less than
1-7 capital in this State, who has been theretofore twice convicted of
1-8 a felony, the second conviction being subsequent to the first, both
1-9 in point of time of commission of the offense and conviction
1-10 therefore, (2) accused of a felony less than capital in the State,
1-11 committed while on bail for a prior felony for which he has been
1-12 indicted, or (3) accused of a felony less than capital in this
1-13 State involving the use of a deadly weapon after being convicted of
1-14 a prior felony, after a hearing, and upon evidence substantially
1-15 showing the guilt of the accused of the offense in (1) or (3) above
1-16 or of the offense committed while on bail in (2) above, may be
1-17 denied bail pending trial, by a district judge of this State, if
1-18 said order denying bail pending trial is issued within seven
1-19 calendar days subsequent to the time of incarceration of the
1-20 accused; provided, however, that if the accused is not accorded a
1-21 trial upon the accusation under (1) or (3) above or the accusation
1-22 and indictment used under (2) above within sixty (60) days from the
1-23 time of his incarceration upon the accusation, the order denying
2-1 bail shall be automatically set aside, unless a continuance is
2-2 obtained upon the motion or request of the accused; provided,
2-3 further, that the right of appeal to the Supreme Court <Court of
2-4 Criminal Appeals> of this State is expressly accorded the accused
2-5 for a review of any judgment or order made hereunder, and said
2-6 appeal shall be given preference by the Supreme Court <Court of
2-7 Criminal Appeals>.
2-8 SECTION 2. Article V, Section 1 of the Texas Constitution is
2-9 amended to read as follows:
2-10 Section 1. The judicial power of this State is <shall be>
2-11 vested in one Supreme Court, <in one Court of Criminal Appeals,> in
2-12 Courts of Appeals, in District Courts, in County Courts, in
2-13 Commissioners Courts, in Courts of Justices of the Peace, and in
2-14 such other courts as <may be> provided by law.
2-15 The Legislature may establish such other courts as it may
2-16 deem necessary and prescribe the jurisdiction and organization
2-17 thereof, and may conform the jurisdiction of the district and other
2-18 inferior courts thereto.
2-19 SECTION 3. Article V, Section 2, of the Texas Constitution
2-20 is amended to read as follows:
2-21 Sec. 2. (a) The Supreme Court of Texas consists of the
2-22 Chief Justice of Texas and fourteen <eight> Justices, and such
2-23 other officials as provided by law <any five of whom shall
2-24 constitute a quorum, and the concurrence of five shall be necessary
2-25 to a decision of a case; provided, that when the business of the
3-1 court may require, the court may sit in sections as designated by
3-2 the court to hear argument of causes and to consider applications
3-3 for writs of error or other preliminary matters>. Seven of the
3-4 justices comprise the civil division of the supreme court and seven
3-5 justices comprise the criminal division. Four members of a
3-6 division constitute a quorum, and the concurrence of four shall be
3-7 necessary to a decision in a case. A division may sit en banc or
3-8 in sections as designated by the division to hear argument of cases
3-9 and to consider applications for writs of error or other
3-10 preliminary matters, but a majority of the division is necessary to
3-11 decide a case. The Chief Justice may sit on either division, as
3-12 provided by court rule. The Supreme Court may determine by rule
3-13 how conflicts between divisions should be resolved and under what
3-14 circumstances the Chief Justice may call the court to sit en banc.
3-15 (b) To <No person shall be eligible to> serve in the office
3-16 of Chief Justice or Justice of the Supreme Court a <unless the>
3-17 person must be <is> licensed to practice law in this state and
3-18 <is>, at the time of election or appointment, a citizen of the
3-19 United States and a resident of this state, of <and has attained>
3-20 the age of thirty-five years, and have <has> been a practicing
3-21 lawyer, or a practicing lawyer and a judge of a court of record
3-22 together at least ten years.
3-23 (c) Each Justice <Said Justices> shall be elected to either
3-24 the civil division of the criminal division of the Supreme Court
3-25 <(three of them each two years)> by the qualified voters of the
4-1 state at a general election for a term of<; shall hold their
4-2 offices> six years, or until their successors are elected and
4-3 qualified, <;> and shall <each> receive such compensation as <shall
4-4 be> provided by law.
4-5 (d) In case of a vacancy in the office of the Chief Justice
4-6 or any Justice of the Supreme Court, the Governor shall fill the
4-7 vacancy until the next general election for state officers, and at
4-8 such general election the vacancy for the unexpired term shall be
4-9 filled by election by the qualified voters of the state. <The
4-10 Justices of the Supreme Court who may be in office at the time this
4-11 amendment takes effect shall continue in office until the
4-12 expiration of their term of office under the present Constitution,
4-13 and until their successors are elected and qualified.>
4-14 SECTION 4. Article V, Section 3, of the Texas Constitution
4-15 is amended to read as follows:
4-16 Sec. 3. (a) The Supreme Court is the highest court of the
4-17 state and shall exercise the judicial power of the state except as
4-18 otherwise provided in this Constitution. Its jurisdiction shall be
4-19 co-extensive with the limits of the State and its determinations
4-20 shall be final <except in criminal law matters>. Its appellate
4-21 jurisdiction shall be final and shall extend to all cases except
4-22 <in criminal law matters and> as otherwise provided in this
4-23 Constitution or by law.
4-24 (b) The appeal of all cases in which the death penalty has
4-25 been assessed shall be to the Supreme Court. The Supreme Court
5-1 may, in its discretion and on its own motion, review a decision of
5-2 a court of appeals as provided by law. The appeal of all other
5-3 cases shall be to the courts of appeals as prescribed by law.
5-4 (c) The Supreme Court and the Justices thereof shall have
5-5 power to issue writs of habeas corpus, and <as may be prescribed by
5-6 law, and under such regulations as may be prescribed by law, the
5-7 said courts and the Justices thereof may issue> the writs of
5-8 mandamus, procedendo, certiorari and other such writs, as may be
5-9 necessary to enforce its jurisdiction. The Legislature may confer
5-10 original jurisdiction on the Supreme Court to issue writs of quo
5-11 warranto and mandamus in such cases as may be specified, except as
5-12 against the Governor of the State.
5-13 (d) The Supreme Court shall <also> have power, upon
5-14 affidavit or otherwise as determined by the court <may be
5-15 determined>, to ascertain <such> matters of fact as <may be>
5-16 necessary to the proper exercise of its jurisdiction. <The Supreme
5-17 Court shall appoint a clerk, who shall give bond in such manner as
5-18 is now or may hereafter, be required by law, and he may hold his
5-19 office for four years and shall be subject to removal by said
5-20 court for good cause entered of record on the minutes of said court
5-21 who shall receive such compensation as the Legislature may
5-22 provide.>
5-23 (e) The supreme court has jurisdiction to answer questions
5-24 of state law certified from a federal appellate court under rules
5-25 of procedure as promulgated by the court.
6-1 (f) The legislature shall have the power to provide by law
6-2 for an appeal direct to the supreme court from an order of any
6-3 trial court granting or denying an interlocutory or permanent
6-4 injunction on the grounds of the constitutionality or
6-5 unconstitutionality of any statute of this state, or on the
6-6 validity or invalidity of any administrative order issued by any
6-7 state agency under any statute of this state.
6-8 (g) The supreme court may sit at any time during the year at
6-9 the seat of government for the transaction of business and each
6-10 term thereof shall begin and end with each calendar year.
6-11 SECTION 5. Article V, Section 7a, Subsection (b), Texas
6-12 Constitution, is amended to read as follows:
6-13 (b) The membership of the board consists of the Chief
6-14 Justice of <the> Texas <Supreme Court>, who serves as chairman, and
6-15 such other persons as provided by law <the presiding judge of the
6-16 Texas Court of Criminal Appeals, the presiding judge of each of the
6-17 administrative judicial districts of the state, the president of
6-18 the Texas Judicial Council, and one person who is licensed to
6-19 practice law in this state appointed by the governor with the
6-20 advice and consent of the senate for a term of four years. In the
6-21 event of a vacancy in the appointed membership, the vacancy is
6-22 filled for the unexpired term in the same manner as the original
6-23 appointment>.
6-24 SECTION 6. Article V, Section 11, of the Texas Constitution,
6-25 is amended to read as follows:
7-1 Sec. 11. (a) A justice or <No> judge may not <shall> sit in
7-2 any case in which the justice or judge is <wherein he may be>
7-3 interested, or in which <where> either of the parties is related to
7-4 the justice or judge <may be connected with him>, either by
7-5 affinity or consanguinity, within the <such a> degree <as may be>
7-6 prescribed by law<, or when he shall have been counsel in the
7-7 case.> A justice or judge may not sit in any case in which the
7-8 justice or judge has represented a party, or other situations where
7-9 the justice or judge has a conflict proscribed by law.
7-10 (b) When the Supreme Court, <the Court of Criminal Appeals,>
7-11 a <the> Court of <Civil> Appeals, or any member of those courts is
7-12 <either, shall be thus> disqualified to hear and determine any case
7-13 <or cases> in the <said> court, the Chief Justice shall certify
7-14 that fact <same shall be certified> to the Governor. The Governor
7-15 <of the State, who> shall immediately commission the requisite
7-16 number of persons having the same qualifications as a member of the
7-17 court <learned in the law> for the trial and determination of the
7-18 case <such cause or causes>.
7-19 (c) When a judge of the District Court is disqualified to
7-20 hear and determine any case in the judge's court, another judge or
7-21 <by any of the causes above stated, the parties may, by consent,
7-22 appoint a proper person to try said case; or upon their failing to
7-23 do so,> a <competent> person having the same qualifications as
7-24 required for the judge of that court shall <may> be appointed to
7-25 try the case <same> in the county where it is pending, <in such
8-1 manner> as <may be> prescribed by law.
8-2 (d) The <And the> District Judges may exchange districts, or
8-3 hold court <courts> for each other when they deem it expedient, and
8-4 shall do so when required by law. <This disqualification of judges
8-5 of inferior tribunals shall be remedied and vacancies in their
8-6 offices filled as may be prescribed by law.>
8-7 SECTION 7. Article V, Section 28, of the Texas Constitution
8-8 is amended to read as follows:
8-9 Sec. 28. <Vacancies in Offices of Judges of Superior Courts
8-10 to be Filled By The Governor.> (a) Vacancies in the offices
8-11 <office> of justices and judges of the Supreme Court<, the Court of
8-12 Criminal Appeals>, the Courts <Court> of <Civil> Appeals and the
8-13 District Courts shall be filled by the Governor until the next
8-14 succeeding General Election.
8-15 (b) Vacancies<; and vacancies> in the office of County Judge
8-16 and Justices of the Peace shall be filled by the Commissioners
8-17 Court until the next succeeding General Election.
8-18 SECTION 8. Article V, Section 31, Subsection (c), of the
8-19 Texas Constitution is amended to read as follows:
8-20 (c) The <legislature may delegate to the> Supreme Court may
8-21 <or Court of Criminal Appeals the power to> promulgate such other
8-22 rules as authorized <by law or> by this Constitution or by law,
8-23 subject to such limitations and procedures as <may be> provided by
8-24 law.
8-25 SECTION 9. Article V, Sections 3a, 3-b, 3-c, 4, and 5 of the
9-1 Texas Constitution, are repealed.
9-2 SECTION 10. Article V of the Texas Constitution is amended
9-3 by adding the following temporary provision to read as follows:
9-4 TEMPORARY PROVISION. (a) This temporary provision applies
9-5 to the constitutional amendment proposed by the 73rd Legislature,
9-6 Regular Session, 1993, merging the court of criminal appeals into
9-7 the supreme court.
9-8 (b) This constitutional amendment takes effect January 1,
9-9 1994.
9-10 (c) The court of criminal appeals is abolished and all
9-11 matters pending therein are transferred to the supreme court. The
9-12 supreme court shall assume full jurisdiction of the matters and
9-13 shall have full power and authority to dispose of them and to
9-14 execute or otherwise give effect to all orders, judgments, and
9-15 decrees issued by the court of criminal appeals. The supreme court
9-16 succeeds to all records and property of the court of criminal
9-17 appeals.
9-18 (d) All argued but undecided cases in the court of criminal
9-19 appeals on the effective date of this amendment shall be decided by
9-20 the justices of the supreme court who immediately prior to the
9-21 effective date of this amendment were judges of the court of
9-22 criminal appeals, but announced as decisions of the supreme court,
9-23 notwithstanding the majority required by Section 2 (a) of Article V
9-24 as amended by this amendment. Motions for rehearing of any such
9-25 cases shall be granted or denied by the same justices and if
10-1 granted heard and acted upon by them.
10-2 (e) Except to the extent inconsistent with the provisions of
10-3 this amendment, all laws and rules of court in force on the
10-4 effective date of this amendment shall continue in effect until
10-5 superseded as authorized by law. Any reference in a law or rule to
10-6 the court of criminal appeals shall be deemed to be a reference to
10-7 the supreme court.
10-8 (f) On the effective date of this amendment, the Chief
10-9 Justice of the Supreme Court and the other eight justices of the
10-10 supreme court become justices of the civil division of the supreme
10-11 court for the same terms of office held as justices of the supreme
10-12 court immediately prior to the effective date of this amendment.
10-13 The Presiding Judge and the other eight judges of the court of
10-14 criminal appeals become justices of the criminal division of the
10-15 supreme court for the same terms of office held as judges of the
10-16 court of criminal appeals immediately prior to the effective date
10-17 of this amendment. The combined Supreme Court shall designate one
10-18 of its members to serve as Chief Justice of Texas for a term to
10-19 expire December 31, 1994. Beginning with the primary and general
10-20 elections in 1994, the Chief Justice of Texas shall be elected by
10-21 the voters of the state for a term of office to expire December 31,
10-22 2000, and each six years thereafter.
10-23 (g) After the effective date of this amendment, the office
10-24 of the first two justices of the civil division of the supreme
10-25 court and the first two justices of the criminal division who cease
11-1 to be members of the supreme court by reason of death, removal,
11-2 resignation, retirement, or failure to file for reelection, shall
11-3 cease to exist on the date of death, removal, resignation, or
11-4 retirement, or at the end of the current term of office if the
11-5 incumbent justice does not file for reelection. The death,
11-6 removal, resignation, or retirement of an incumbent justice after
11-7 having been defeated at a primary or general election does not
11-8 terminate the office.
11-9 (h) Notwithstanding the requirements of Article V, Section
11-10 2, of this constitution, until the number of justices in a division
11-11 of the supreme court is reduced to seven, a majority of the number
11-12 of justices in that division shall constitute a quorum of that
11-13 division, and the concurrence of a majority of the number of
11-14 justices in that division shall be necessary to a decision of a
11-15 case by that division.
11-16 (i) In the event a transfer or transition has not been
11-17 provided by this amendment or by law, the supreme court shall
11-18 provide for the orderly transfer or transition.
11-19 (j) This temporary provision expires on the date the Supreme
11-20 Court becomes composed of the Chief Justice and fourteen justices
11-21 by operation of subsection (g) of this temporary provision.
11-22 SECTION 11. This proposed constitutional amendment shall be
11-23 submitted to the votes at an election to be held November 2, 1993.
11-24 The ballot shall be printed to provide for voting for or against
11-25 the proposition: "The constitutional amendment merging the court
12-1 of criminal appeals into the supreme court."