By Goolsby H.B. No. 1185
77R4795 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing the court of criminal appeals to adopt
1-3 rules of criminal procedure.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 22, Government Code, is
1-6 amended by adding Section 22.111 to read as follows:
1-7 Sec. 22.111. RULES OF PROCEDURE IN CRIMINAL CASES. (a) The
1-8 court of criminal appeals has the full rulemaking power in the
1-9 promulgation of rules of procedure in the trials of criminal cases.
1-10 (b) The court of criminal appeals may promulgate a
1-11 comprehensive body of rules of procedure in the trials of criminal
1-12 cases and from time to time may promulgate a specific rule or rules
1-13 of procedure or an amendment or amendments to a specific rule or
1-14 rules. Rules and amendments adopted under this subsection are
1-15 effective at the time the court of criminal appeals considers
1-16 expedient in the interest of the proper administration of justice.
1-17 (c) The rules of procedure in the trials of criminal cases
1-18 shall be published in the Texas Register and in the Texas Bar
1-19 Journal. The court of criminal appeals may adopt the method it
1-20 considers expedient for the printing and distribution of the rules.
1-21 SECTION 2. The Code of Criminal Procedure is repealed
1-22 effective on the date a copy of a comprehensive body of rules of
1-23 procedure in criminal cases is filed by the court of criminal
1-24 appeals with the secretary of state.
2-1 SECTION 3. This Act takes effect immediately if it receives
2-2 a vote of two-thirds of all the members elected to each house, as
2-3 provided by Section 39, Article III, Texas Constitution. If this
2-4 Act does not receive the vote necessary for immediate effect, this
2-5 Act takes effect September 1, 2001.