By: Schofield H.B. No. 3430
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of the supreme court and the court of
criminal appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Government Code, is amended by
adding Section 22.1025 to read as follows:
Sec. 22.1025. CONSTITUTIONAL RULINGS.
(a) Any ruling by the court of criminal appeals that any
statute, rule, or procedure violates either the state or federal
constitutions shall not be final and shall have no effect until the
later of:
(1) 60 days following the ruling; or
(2) The denial or dismissal of a petition filed in the
supreme court pursuant to Section 22.002(f) of the Government Code.
(b) This section is adopted pursuant to the legislative
authority found in Article V, Section 5(a) of the Texas
Constitution, among other sources of authority.
SECTION 2. Section 22.002, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) Whenever the court of criminal appeals determines that a
statute, rule, or procedure is unconstitutional, the supreme
court, on the petition of the attorney general or a district or
county attorney, has original civil jurisdiction to issue writs of
quo warranto and mandamus to correct any error in the court of
criminal appeals' determination.
(1) The jurisdiction granted by this section applies
no matter whether the court of criminal appeals rules under the
state constitution, federal constitution, or both.
(2) The jurisdiction granted by this section applies
no matter whether the constitutional ruling by the court of
criminal appeals is characterized as criminal or civil.
(3) The jurisdiction granted by this section applies
no matter
whether the constitutional ruling by the court of
criminal appeals is characterized as final or non-final.
SECTION 3. This Act applies to any decision by the court of
criminal appeals on or after September 1, 2015.