Texas 2023 - 88th Regular

Texas Senate Bill SB1092

Filed
2/22/23  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the jurisdiction of the supreme court and the court of criminal appeals.

Impact

The implications of Senate Bill 1092 for state laws are significant. It effectively amplifies the Supreme Court's authority over rulings related to constitutional matters decided by the Court of Criminal Appeals. By specifying that decisions made by the Court of Criminal Appeals regarding constitutional issues are not final until the Supreme Court has had an opportunity to review them, the bill aims to prevent premature enforcement and ensure a thorough review process. It also establishes a procedural safeguard around judicial decisions that may have far-reaching legal consequences.

Summary

Senate Bill 1092 aims to clarify the jurisdiction of the Supreme Court of Texas regarding decisions made by the Court of Criminal Appeals. Specifically, the bill grants the Supreme Court original jurisdiction to issue corrective writs, such as quo warranto and mandamus, in cases where the Court of Criminal Appeals finds a statute, rule, or procedure unconstitutional. This structuring is intended to enhance judicial oversight and ensure that constitutional interpretations are consistently applied across the state's judicial system.

Sentiment

The general sentiment surrounding SB 1092 appears to be somewhat supportive among legislators who advocate for a more cohesive legal framework in Texas. Proponents argue that it is essential to maintain consistency and clarity in judicial rulings, particularly in matters concerning constitutional interpretation. However, there may be concerns about extending the Supreme Court's jurisdiction too far, potentially leading to debates on judicial overreach or misunderstandings about the separation of powers within the state.

Contention

Notably, the bill faced some contention during discussions, with senators divided on the implications of enhancing the Supreme Court's jurisdiction. While some view it as a necessary clarification of judicial authority, others worry it could undermine the established role of the Court of Criminal Appeals. The balance of power between these two entities will likely be a key point of discussion as the bill moves forward, particularly regarding how it affects the finality of judicial rulings and the respective responsibilities of the courts.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 22. Appellate Courts
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB4178

Identical Relating to the jurisdiction of the supreme court and the court of criminal appeals.

Similar Bills

No similar bills found.