82R1213 YDB-D
 
  By: Raymond H.J.R. No. 35
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment to abolish the court of
  criminal appeals and establish one supreme court with civil and
  criminal jurisdiction.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 11a, Article I, Texas
  Constitution, is amended to read as follows:
         (a)  Any person (1) accused of a felony less than capital in
  this State, who has been theretofore twice convicted of a felony,
  the second conviction being subsequent to the first, both in point
  of time of commission of the offense and conviction therefor, (2)
  accused of a felony less than capital in this State, committed while
  on bail for a prior felony for which he has been indicted, (3)
  accused of a felony less than capital in this State involving the
  use of a deadly weapon after being convicted of a prior felony, or
  (4) accused of a violent or sexual offense committed while under the
  supervision of a criminal justice agency of the State or a political
  subdivision of the State for a prior felony, after a hearing, and
  upon evidence substantially showing the guilt of the accused of the
  offense in (1) or (3) above, of the offense committed while on bail
  in (2) above, or of the offense in (4) above committed while under
  the supervision of a criminal justice agency of the State or a
  political subdivision of the State for a prior felony, may be denied
  bail pending trial, by a district judge in this State, if said order
  denying bail pending trial is issued within seven calendar days
  subsequent to the time of incarceration of the accused; provided,
  however, that if the accused is not accorded a trial upon the
  accusation under (1) or (3) above, the accusation and indictment
  used under (2) above, or the accusation or indictment used under (4)
  above within sixty (60) days from the time of his incarceration upon
  the accusation, the order denying bail shall be automatically set
  aside, unless a continuance is obtained upon the motion or request
  of the accused; provided, further, that the right of appeal to the
  Supreme Court [of Criminal Appeals] of this State is expressly
  accorded the accused for a review of any judgment or order made
  hereunder, and said appeal shall be given preference by the Supreme
  Court [of Criminal Appeals].
         SECTION 2.  Section 1, Article V, Texas Constitution, is
  amended to read as follows:
         Sec. 1.  (a) The judicial power of this State shall be vested
  in one Supreme Court, [in one Court of Criminal Appeals,] in Courts
  of Appeals, in District Courts, in County Courts, in Commissioners
  Courts, in Courts of Justices of the Peace, and in such other courts
  as may be provided by law.
         (b)  The Legislature may establish such other courts as it
  may deem necessary and prescribe the jurisdiction and organization
  thereof, and may conform the jurisdiction of the district and other
  inferior courts thereto.
         (c)  A reference in this constitution or other law to the
  Court of Criminal Appeals means the Supreme Court, a reference to a
  judge of the Court of Criminal Appeals means a justice of the
  Supreme Court, and a reference to the presiding judge of the Court
  of Criminal Appeals means the chief justice of the Supreme Court.
         SECTION 3.  Subsection (8), Section 1-a, Article V, Texas
  Constitution, is amended to read as follows:
         (8)  After such investigation as it deems necessary, the
  Commission may in its discretion issue a private or public
  admonition, warning, reprimand, or requirement that the person
  obtain additional training or education, or if the Commission
  determines that the situation merits such action, it may institute
  formal proceedings and order a formal hearing to be held before it
  concerning the public censure, removal, or retirement of a person
  holding an office or position specified in Subsection (6) of this
  Section, or it may in its discretion request the Supreme Court to
  appoint an active or retired District Judge or Justice of a Court of
  Appeals, a [or] retired [Judge or] Justice of the [Court of Criminal
  Appeals or the] Supreme Court, or a retired Judge of the Court of
  Criminal Appeals, as that court existed before January 1, 2012, as a
  Master to hear and take evidence in any such matter, and to report
  thereon to the Commission. The Master shall have all the power of a
  District Judge in the enforcement of orders pertaining to
  witnesses, evidence, and procedure. If, after formal hearing, or
  after considering the record and report of a Master, the Commission
  finds good cause therefor, it shall issue an order of public censure
  or it shall recommend to a review tribunal the removal or
  retirement, as the case may be, of the person in question holding an
  office or position specified in Subsection (6) of this Section and
  shall thereupon file with the tribunal the entire record before the
  Commission.
         SECTION 4.  Section 3, Article V, Texas Constitution, is
  amended by amending Subsection (a) and adding Subsections (c) and
  (d) to read as follows:
         (a)  The Supreme Court shall exercise the judicial power of
  the state except as otherwise provided in this Constitution. Its
  jurisdiction shall be co-extensive with the limits of the State and
  its determinations shall be final [except in criminal law matters].
  Its appellate jurisdiction shall be final and shall extend to all
  cases except [in criminal law matters and] as otherwise provided in
  this Constitution or by law. The Supreme Court and the Justices
  thereof shall have power to issue writs of habeas corpus, as may be
  prescribed by law, and under such regulations as may be prescribed
  by law, the said courts and the Justices thereof may issue the writs
  of mandamus, procedendo, prohibition, certiorari and such other
  writs, as may be necessary to enforce its jurisdiction. The
  Legislature may confer original jurisdiction on the Supreme Court
  to issue writs of quo warranto and mandamus in such cases as may be
  specified, except as against the Governor of the State.
         (c)  The appeal of all cases in which the death penalty has
  been assessed shall be to the Supreme Court. The appeal of all
  other criminal cases shall be to the Courts of Appeals as prescribed
  by law. In addition, the Supreme Court may, on its own motion,
  review a decision of a Court of Appeals in a criminal case as
  provided by law. Discretionary review by the Supreme Court is not a
  matter of right, but of sound judicial discretion.
         (d)  For the purpose of hearing criminal cases, the Supreme
  Court may sit in panels of three Justices designated in accordance
  with rules established by the court. In a panel of three Justices,
  two Justices constitute a quorum and the concurrence of two
  Justices is required for a decision. The Chief Justice, under rules
  established by the court, may convene the court en banc for the
  purpose of hearing criminal cases. The court must sit en banc
  during proceedings involving capital punishment and other cases as
  required by law. When convened en banc, five Justices constitute a
  quorum and the concurrence of five Justices is required for a
  decision. The Supreme Court may appoint Commissioners in aid of the
  court as provided by law.
         SECTION 5.  Section 3-c, Article V, Texas Constitution, is
  amended to read as follows:
         Sec. 3-c.  (a) The supreme court has [and the court of
  criminal appeals have] jurisdiction to answer questions of state
  law certified from a federal appellate court.
         (b)  The supreme court [and the court of criminal appeals]
  shall promulgate rules of procedure relating to the review of those
  questions.
         SECTION 6.  Section 5a, Article V, Texas Constitution, is
  amended to read as follows:
         Sec. 5a.  The Supreme Court[, Court of Criminal Appeals,]
  and each Court of Appeals shall each appoint a clerk of the court,
  who shall give bond in the manner required by law, may hold office
  for four years subject to removal by the appointing court for good
  cause entered of record on the minutes of the court, and shall
  receive such compensation as the legislature may provide.
         SECTION 7.  Section 5b, Article V, Texas Constitution, is
  amended to read as follows:
         Sec. 5b.  The Supreme Court [and the Court of Criminal
  Appeals] may sit at any time during the year at the seat of
  government or, at the court's discretion, at any other location in
  this state for the transaction of business, and each term [of either
  court] shall begin and end with each calendar year.
         SECTION 8.  Subsection (b), Section 7a, Article V, Texas
  Constitution, is amended to read as follows:
         (b)  The membership of the board consists of the Chief
  Justice of the Texas Supreme Court who serves as chairman, [the
  presiding judge of the Texas Court of Criminal Appeals,] the
  presiding judge of each of the administrative judicial districts of
  the state, the president of the Texas Judicial Council, and one
  person who is licensed to practice law in this state appointed by
  the governor with the advice and consent of the senate for a term of
  four years. In the event of a vacancy in the appointed membership,
  the vacancy is filled for the unexpired term in the same manner as
  the original appointment.
         SECTION 9.  Section 11, Article V, Texas Constitution, is
  amended to read as follows:
         Sec. 11.  (a) No judge shall sit in any case wherein the
  judge may be interested, or where either of the parties may be
  connected with the judge, either by affinity or consanguinity,
  within such a degree as may be prescribed by law, or when the judge
  shall have been counsel in the case. When the Supreme Court or[,
  the Court of Criminal Appeals,] the Court of Appeals[,] or any
  member of [any of] those courts shall be thus disqualified to hear
  and determine any case or cases in said court, the same shall be
  certified to the Governor of the State, who shall immediately
  commission the requisite number of persons learned in the law for
  the trial and determination of such cause or causes. When a judge
  of the District Court is disqualified by any of the causes above
  stated, the parties may, by consent, appoint a proper person to try
  said case; or upon their failing to do so, a competent person may be
  appointed to try the same in the county where it is pending, in such
  manner as may be prescribed by law.
         (b)  The [And the] District Judges may exchange districts, or
  hold courts for each other when they may deem it expedient, and
  shall do so when required by law. This disqualification of judges
  of inferior tribunals shall be remedied and vacancies in their
  offices filled as may be prescribed by law.
         SECTION 10.  Section 28(a), Article V, Texas Constitution,
  is amended to read as follows:
         (a)  A vacancy in the office of Chief Justice, Justice, or
  Judge of the Supreme Court, [the Court of Criminal Appeals,] the
  Court of Appeals, or the District Courts shall be filled by the
  Governor until the next succeeding General Election for state
  officers, and at that election the voters shall fill the vacancy for
  the unexpired term.
         SECTION 11.  Section 31(c), Article V, Texas Constitution,
  is amended to read as follows:
         (c)  The legislature may delegate to the Supreme Court [or
  Court of Criminal Appeals] the power to promulgate such other rules
  as may be prescribed by law or this Constitution, subject to such
  limitations and procedures as may be provided by law.
         SECTION 12.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This section applies to the
  constitutional amendment proposed by the 82nd Legislature, Regular
  Session, 2011, abolishing the court of criminal appeals and vesting
  that court's criminal jurisdiction in the supreme court. The
  constitutional amendment takes effect January 1, 2012.
         (b)  The court of criminal appeals and the positions of judge
  and presiding judge of the court of criminal appeals are abolished
  on January 1, 2012.
         (c)  Unless otherwise provided by the supreme court under
  this subsection or by other law, a matter pending before the court
  of criminal appeals immediately before January 1, 2012, is
  considered pending in the supreme court on that date. The supreme
  court by rule or order may make any provision necessary to ensure
  that a change made by the constitutional amendment described by
  Subsection (a) of this section or by the legislature in conformance
  with that constitutional amendment does not adversely affect the
  substantial rights of any party having a matter pending before any
  court on January 1, 2012.
         (d)  Except as otherwise provided by law, rules adopted by
  the court of criminal appeals that are in effect immediately before
  January 1, 2012, are continued in effect until superseded by law or
  supreme court rules.
         (e)  The supreme court by rule or order may adopt any
  additional saving or transitional procedures or provisions the
  supreme court considers appropriate to implement the
  constitutional amendment described by Subsection (a) of this
  section fairly and efficiently. A rule or order under this
  subsection may be superseded by statute.
         (f)  This section expires January 1, 2015.
         SECTION 13.  Sections 4 and 5, Article V, Texas
  Constitution, are repealed.
         SECTION 14.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.
  The ballot shall be printed to provide for voting for or against the
  proposition: "The constitutional amendment to abolish the court of
  criminal appeals and establish one supreme court with civil and
  criminal appellate jurisdiction."