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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of the Texas Supreme Court and the |
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Court of Criminal Appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The |
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following courts have jurisdiction in criminal actions: |
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1. The Court of Criminal Appeals; |
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2. The Texas Supreme Court in a conflict described by |
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Section 22.001(a-1), Government Code; |
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3. Courts of appeals; |
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4. [3.] The district courts; |
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5. [4.] The criminal district courts; |
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6. [5.] The magistrates appointed by the judges of the |
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district courts of Bexar County, Dallas County, Tarrant County, or |
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Travis County that give preference to criminal cases and the |
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magistrates appointed by the judges of the criminal district courts |
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of Dallas County or Tarrant County; |
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7. [6.] The county courts; |
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8. [7.] All county courts at law with criminal |
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jurisdiction; |
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9. [8.] County criminal courts; |
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10. [9.] Justice courts; |
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11. [10.] Municipal courts; |
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12. [11.] The magistrates appointed by the judges of |
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the district courts of Lubbock County; |
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13. [12.] The magistrates appointed by the El Paso |
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Council of Judges; |
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14. [13.] The magistrates appointed by the Collin |
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County Commissioners Court; |
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15. [14.] The magistrates appointed by the Brazoria |
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County Commissioners Court or the local administrative judge for |
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Brazoria County; and |
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16. [15.] The magistrates appointed by the judges of |
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the district courts of Tom Green County. |
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SECTION 2. Article 4.04, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.04. COURT OF CRIMINAL APPEALS |
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Sec. 1. The Court of Criminal Appeals and each judge thereof |
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shall have, and is hereby given, the power and authority to grant |
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and issue and cause the issuance of writs of habeas corpus, and, in |
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criminal law matters, other writs, including the writs of mandamus, |
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procedendo, prohibition, and certiorari, [. The court and each |
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judge thereof shall have, and is hereby given, the power and |
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authority to grant and issue and cause the issuance of such other |
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writs] as may be necessary to protect its jurisdiction or enforce |
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its judgments. |
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Sec. 2. Except as provided by Section 22.001(a-1), |
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Government Code, the [The] Court of Criminal Appeals shall have, |
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and is hereby given, final appellate and review jurisdiction in |
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criminal cases coextensive with the limits of the state, and its |
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determinations shall be final. The appeal of all cases in which the |
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death penalty has been assessed shall be to the Court of Criminal |
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Appeals. In addition, the Court of Criminal Appeals may [,] on [its |
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own motion, with or without] a petition for such discretionary |
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review being filed by one of the parties, review any decision of a |
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court of appeals in a criminal case other than a conflict described |
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by Section 22.001(a-1), Government Code. Discretionary review by |
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the Court of Criminal Appeals is not a matter of right, but of sound |
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judicial discretion. |
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SECTION 3. Section 22.001, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) The supreme court has appellate jurisdiction, except in |
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criminal law matters other than a conflict described by Subsection |
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(a-1), of an appealable order or judgment of the trial courts if the |
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court determines that the appeal presents a question of law that is |
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important to the jurisprudence of the state. |
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(a-1) The supreme court has appellate jurisdiction to |
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finally resolve a conflict between the supreme court and the court |
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of criminal appeals regarding the interpretation of a provision of |
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the Texas Constitution on: |
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(1) submission of a writ of certiorari to the supreme |
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court by a party to any proceeding in any court of this state; or |
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(2) certification of a question of law from any |
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federal court [The supreme court's jurisdiction does not include |
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cases in which the jurisdiction of the court of appeals is made |
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final by statute]. |
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(b) Except as provided by Subsection (a-1), a [A] case over |
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which the court has jurisdiction under Subsection (a) may be |
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carried to the supreme court by petition for review. |
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SECTION 4. It is the intent of the legislature that: |
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(1) the jurisdiction of the Texas Supreme Court as |
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amended by this Act is "as otherwise provided . . . by law" within |
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the meaning of Section 3(a), Article V, Texas Constitution; and |
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(2) the jurisdiction of the Court of Criminal Appeals |
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as amended by this Act is "with such exceptions and under such |
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regulations . . . as prescribed by law" within the meaning of |
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Section 5(a), Article V, Texas Constitution. |
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SECTION 5. The changes in law made by this Act apply to any |
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matter described by Section 22.001(a-1), Government Code, as added |
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by this Act, pending before any court of this state on or after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |