BILL ANALYSIS


                                                        H.J.R. 90
                                          By: Thompson (Whitmire)
                                                    Jurisprudence
                                                          5-26-95
                              Senate Committee Report (Unamended)
BACKGROUND

Only Texas and Oklahoma have separate courts of last resort for
criminal and civil matters.  Since the Oklahoma court has the
authority to decide questions of jurisdiction between the two
courts, Texas is the only state with a completely separate high
court structure.  The Citizen's Commission on the Texas Judicial
System (commission), which issued its report to the supreme court
and the Texas Judicial Council in 1992, recommended merging the
supreme court and the court of criminal appeals.  The commission
found that on several occasions in the last century, the courts had
disagreed on certain questions.  The court recommended by this
report would still consist of two divisions but would be able to
operate as one court when questions of joint jurisdiction occurred. 
Political reality has made this proposal impractical.  

Section 3-c, Article V, Texas Constitution, was added in 1985, to
allow the supreme court and the court of criminal appeals to answer
questions of state law certified from federal courts and to
promulgate rules of procedure relating to review of those
questions.  Allowing similar communications between the two high
courts may aid the separation of high court functions, without
necessitating a merger of the two courts.

PURPOSE

As proposed, H.J.R. 90 requires the submission to the voters of a
constitutional amendment to authorize the supreme court and the
court of criminal appeals to answer certified questions of law from
the other court.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3-c, Article V, Texas Constitution, as
follows:

     Sec. 3-c.  (a) Makes no changes.
     
     (b) Provides that the supreme court has jurisdiction to
       answer questions of law, other than criminal law, certified
       from the court of criminal appeals.  
       
       (c) Provides that the court of criminal appeals has
       jurisdiction to answer questions of criminal law certified
       from the supreme court.
       
       (d) Redesignates existing Subsection (b).
SECTION 2. Adds the following temporary provision to the Texas
Constitution:

     TEMPORARY PROVISION.  (a) Applies this temporary provision to
     the constitutional amendment proposed by the 74th Legislature
     granting the supreme court jurisdiction to answer questions of
     law certified from the court of criminal appeals and granting
     the court of criminal appeals jurisdiction to answer questions
     of law certified from the supreme court.
     
     (b) Effective date: September 1, 1996.
       
       (c) Provides that this provision expires January 2, 1996.
SECTION 3. Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 7, 1995. 
Sets forth the required language for the ballot.