SRC-JLB S.B. 1043 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1043
78R7938 SLO-DBy: Ellis, Rodney
Jurisprudence
4/10/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1043 abolishes the court of criminal appeals and
provides that the supreme court has both civil and criminal jurisdiction. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 4.04, Code of Criminal Procedure, to read as
follows: 
 
 Art. 4.04.  New heading:  SUPREME COURT
 
Sec. 1.  Requires the supreme court, rather than court of criminal
appeals, and each justice, rather than judge, thereof to have, and
provides that the court is hereby given, the power and authority to grant
and issue and cause the issuance of writs of habeas corpus, and, in
criminal law matters, the writs of mandamus, procedendo, prohibition, and
certiorari.  Makes a conforming change. 

 Sec. 2.  Makes conforming changes.

SECTION 2.  Repealer:  Section 22.101 (Seal), Government Code.
 
SECTION 3.  Amends Chapter 22B, Government Code, by adding Section
22.1011, as follows: 
 
Sec. 22.1011.  REFERENCE TO COURT OF CRIMINAL APPEALS.  Provides that a
reference in state law to the court of criminal appeals means the supreme
court, and a reference to a judge of the court of criminal appeals means a
justice of the supreme court. 
 
SECTION 4.  Effective date:  the date on which the constitutional
amendment proposed by the 78th Legislature, Regular session, 2003,
abolishing the court of criminal appeals and vesting that court's criminal
jurisdiction in the supreme court, takes effect.  Provides that if that
amendment is not approved by the voters, this Act has no effect.