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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 supreme court and the court of |
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criminal appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.002, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) If the court of criminal appeals finds that a statute, |
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rule, or procedure is unconstitutional, the supreme court, on the |
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petition of the attorney general or a district or county attorney, |
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has original civil jurisdiction to issue writs of quo warranto and |
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mandamus to correct any error in the court of criminal appeals' |
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decision. The jurisdiction granted by this subsection applies |
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regardless of whether the decision of the court of criminal appeals |
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is: |
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(1) based on the state constitution, federal |
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constitution, or both; |
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(2) characterized as criminal or civil; or |
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(3) characterized as final or nonfinal. |
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SECTION 2. Subchapter B, Chapter 22, Government Code, is |
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amended by adding Section 22.1025 to read as follows: |
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Sec. 22.1025. CONSTITUTIONAL RULINGS. (a) A decision by |
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the court of criminal appeals that a statute, rule, or procedure |
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violates the state or federal constitution is not final and has no |
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effect until the later of: |
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(1) the 60th day after the date of the decision; or |
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(2) the denial or dismissal of a petition filed in the |
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supreme court as provided by Section 22.002(f). |
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(b) This section is adopted under the legislative authority |
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provided by Section 5(a), Article V, Texas Constitution. |
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SECTION 3. This Act applies to any decision issued by the |
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court of criminal appeals on or after September 1, 2023. |
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SECTION 4. This Act takes effect September 1, 2023. |