By:  Brown                                             S.B. No. 280
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the grounds for reversing a criminal case on appeal.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Article 44.25, Code of Criminal Procedure, is
    1-4  amended to read as follows:
    1-5        Art. 44.25.  GROUNDS FOR REVERSAL <CASES REMANDED>.  (a)  The
    1-6  courts of appeals or the Court of Criminal Appeals may reverse the
    1-7  judgment in a criminal action, as well upon the law as upon the
    1-8  facts.
    1-9        (b)  The courts of appeals or the Court of Criminal Appeals
   1-10  shall not reverse a judgment in a criminal action for the violation
   1-11  of a constitutional provision, statute, court rule, or other law,
   1-12  unless the complaining party preserved the complaint for appellate
   1-13  review by complying with Rule 52, Texas Rules of Appellate
   1-14  Procedure, and any other applicable law for preservation of
   1-15  appellate issues.
   1-16        (c)  The courts of appeals or the Court of Criminal Appeals
   1-17  shall not reverse a judgment in a criminal action for an error of
   1-18  less than constitutional dimension, including the violation of a
   1-19  statute or court rule, unless the record shows it is more probable
   1-20  than not that the error materially affected the verdict or sentence
   1-21  to the detriment of the appealing party.
   1-22        (d)  The courts of appeals or the Court of Criminal Appeals
   1-23  shall reverse a judgment in a criminal action for an error of
   1-24  constitutional dimension unless the record shows beyond a
    2-1  reasonable doubt that the error made no contribution to the verdict
    2-2  or sentence.
    2-3        SECTION 2.  Under the terms of Subsection (b), Section
    2-4  22.108, Government Code, Rule 81(b)(2), Texas Rules of Appellate
    2-5  Procedure, is disapproved.
    2-6        SECTION 3.  This Act takes effect September 1, 1995.
    2-7        SECTION 4.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended.