bill giving the Texas Supreme Court the final constitutional say

The text as introduced · 957 words

89R3234 TSS-F

By: Spiller
H.B. No. 933

A BILL TO BE ENTITLED

AN ACT

relating to the jurisdiction of the Texas Supreme Court and the

Court of Criminal Appeals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 4.01, Code of Criminal Procedure, is

amended to read as follows:

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The

following courts have jurisdiction in criminal actions:

1. The Court of Criminal Appeals;

2. The Texas Supreme Court in a conflict described by

Section 22.001(a-1), Government Code;

3. Courts of appeals, other than the Court of Appeals

for the Fifteenth Court of Appeals District;

4. [ 3. ] The district courts;

5. [ 4. ] The criminal district courts;

6. [ 5. ] The magistrates appointed by the judges of the

district courts of Bexar County, Dallas County, Tarrant County, or

Travis County that give preference to criminal cases and the

magistrates appointed by the judges of the criminal district courts

of Dallas County or Tarrant County;

7. [ 6. ] The county courts;

8. [ 7. ] All county courts at law with criminal

jurisdiction;

9. [ 8. ] County criminal courts;

10. [ 9. ] Justice courts;

11. [ 10. ] Municipal courts;

12. [ 11. ] The magistrates appointed by the judges of

the district courts of Lubbock County;

13. [ 12. ] The magistrates appointed by the El Paso

Council of Judges;

14. [ 13. ] The magistrates appointed by the Collin

County Commissioners Court;

15. [ 14. ] The magistrates appointed by the Brazoria

County Commissioners Court or the local administrative judge for

Brazoria County;

16. [ 15. ] The magistrates appointed by the judges of

the district courts of Tom Green County;

17. [ 16. ] The magistrates appointed by the judges of

the district and statutory county courts of Denton County; and

18. [ 17. ] The magistrates appointed by the judges of

the district and statutory county courts of Grayson County.

SECTION 2. Article 4.04, Code of Criminal Procedure, is

amended to read as follows:

Art. 4.04. COURT OF CRIMINAL APPEALS

Sec. 1. The Court of Criminal Appeals and each judge thereof

shall have, and 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, other writs, including the writs of mandamus,

procedendo, prohibition, and certiorari , [ . The court and each

judge thereof shall have, and is hereby given, the power and

authority to grant and issue and cause the issuance of such other

writs ] as may be necessary to protect its jurisdiction or enforce

its judgments.

Sec. 2. Except as provided by Section 22.001(a-1),

Government Code, the [ The ] Court of Criminal Appeals shall have,

and is hereby given, final appellate and review jurisdiction in

criminal cases coextensive with the limits of the state, and its

determinations shall be final. The appeal of all cases in which the

death penalty has been assessed shall be to the Court of Criminal

Appeals. In addition, the Court of Criminal Appeals may [ , ] on [ its

own motion, with or without ] a petition for such discretionary

review being filed by one of the parties, review any decision of a

court of appeals in a criminal case other than a conflict described

by Section 22.001(a-1), Government Code . Discretionary review by

the Court of Criminal Appeals is not a matter of right, but of sound

judicial discretion.

SECTION 3. Section 22.001, Government Code, is amended by

amending Subsections (a) and (b) and adding Subsection (a-1) to

read as follows:

(a) The supreme court has appellate jurisdiction, except in

criminal law matters other than a conflict described by Subsection

(a-1) , of an appealable order or judgment of the trial courts if the

court determines that the appeal presents a question of law that is

important to the jurisprudence of the state.

(a-1) The supreme court has appellate jurisdiction to

finally resolve a conflict between the supreme court and the court

of criminal appeals regarding the interpretation of a provision of

the Texas Constitution on:

(1) submission of a writ of certiorari to the supreme

court by a party to any proceeding in any court of this state; or

(2) certification of a question of law from any

federal court [ The supreme court's jurisdiction does not include

cases in which the jurisdiction of the court of appeals is made

final by statute ].

(b) Except as provided by Subsection (a-1), a [ A ] case over

which the court has jurisdiction under Subsection (a) may be

carried to the supreme court by petition for review.

SECTION 4. It is the intent of the legislature that:

(1) the jurisdiction of the Texas Supreme Court as

amended by this Act is "as otherwise provided . . . by law" within

the meaning of Section 3(a), Article V, Texas Constitution; and

(2) the jurisdiction of the Court of Criminal Appeals

as amended by this Act is "with such exceptions and under such

regulations . . . as prescribed by law" within the meaning of

Section 5(a), Article V, Texas Constitution.

SECTION 5. The changes in law made by this Act apply to any

matter described by Section 22.001(a-1), Government Code, as added

by this Act, pending before any court of this state on or after the

effective date of this Act.

SECTION 6. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.