Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3430 by Schofield (Relating to the jurisdiction of the supreme court and the court of criminal appeals.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code regarding the jurisdiction of the Supreme Court and the Court of Criminal Appeals. The bill would provide that, whenever the Court of Criminal Appeals determines that a statute, rule or procedure is unconstitutional, the Supreme Court would have jurisdiction, on the petition of the Office of the Attorney General or a local prosecuting attorney, to correct any error by the Court of Criminal Appeals. The bill provides that any such ruling by the Court of Criminal Appeals would not be final and would have no effect until the later of 60 days following the ruling, or the denial or dismissal of a petition filed with the Supreme Court to review it. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council