PMJ H.J.R. 24 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.J.R. 24
By: Thompson
3-5-97
Committee Report (Unamended)



BACKGROUND 

 Only Texas and Oklahoma have separate courts of last resort for civil and
criminal matters. The Oklahoma Supreme Court has the authority to decide
questions of jurisdiction between the two courts.  This leaves Texas as
the only state with a completely separate high court structure.  The
Citizen's Commission on the Texas Judicial System, 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 the
Commission would still consist of two divisions but would be able to
operate as one court when questions of jurisdiction arose. Political
reality has made this proposal impractical.  
 Section 3-c, Article V, Texas Constitution, was added in 1985, to allow
the two high state courts to answer questions of state law certified from
federal courts and to promulgate rules of procedure relating to the review
of those questions.  Allowing similar communications between the two
courts is a more practical solution than the merger of the two courts in
dealing with the separation of the high court functions.   


PURPOSE

 The purpose of this proposed constitutional amendment is to allow the
Supreme Court and the Court of Criminal Appeals to answer certified
questions of law from the other high court. 


RULEMAKING AUTHORITY

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


SECTION BY SECTION ANALYSIS

 SECTION 1 amends  Section 3-c, Article V, Texas Constitution,  by adding
new subsections (b) and (c) as follows and relettering previous subsection
(b) as (d). 
 New Subsec. (b) would allow the Supreme Court to answer questions of law
certified by the Court of Criminal Appeals. 
 New Subsec. (c) would allow the Court of Criminal Appeals to answer
questions of law certified by the Supreme Court. 

 SECTION  2.  Temporary Provision.  This provision contains the effective
date of this proposed constitutional amendment.   In order to keep the
effective date out of the Constitution itself, this entire section
contains an expiration date. 

 SECTION 3.  Ballot date.  Ballot wording.