Texas 2015 - 84th Regular

Texas House Bill HJR90 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8521 YDB-D
2	2	By: Raymond H.J.R. No. 90
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to abolish the court of
7	7	criminal appeals and establish one supreme court with civil and
8	8	criminal appellate jurisdiction.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11a(a), Article I, Texas Constitution,
11	11	is amended to read as follows:
12	12	(a) Any person (1) accused of a felony less than capital in
13	13	this State, who has been theretofore twice convicted of a felony,
14	14	the second conviction being subsequent to the first, both in point
15	15	of time of commission of the offense and conviction therefor, (2)
16	16	accused of a felony less than capital in this State, committed while
17	17	on bail for a prior felony for which he has been indicted, (3)
18	18	accused of a felony less than capital in this State involving the
19	19	use of a deadly weapon after being convicted of a prior felony, or
20	20	(4) accused of a violent or sexual offense committed while under the
21	21	supervision of a criminal justice agency of the State or a political
22	22	subdivision of the State for a prior felony, after a hearing, and
23	23	upon evidence substantially showing the guilt of the accused of the
24	24	offense in (1) or (3) above, of the offense committed while on bail
25	25	in (2) above, or of the offense in (4) above committed while under
26	26	the supervision of a criminal justice agency of the State or a
27	27	political subdivision of the State for a prior felony, may be denied
28	28	bail pending trial, by a district judge in this State, if said order
29	29	denying bail pending trial is issued within seven calendar days
30	30	subsequent to the time of incarceration of the accused; provided,
31	31	however, that if the accused is not accorded a trial upon the
32	32	accusation under (1) or (3) above, the accusation and indictment
33	33	used under (2) above, or the accusation or indictment used under (4)
34	34	above within sixty (60) days from the time of his incarceration upon
35	35	the accusation, the order denying bail shall be automatically set
36	36	aside, unless a continuance is obtained upon the motion or request
37	37	of the accused; provided, further, that the right of appeal to the
38	38	Supreme Court [of Criminal Appeals] of this State is expressly
39	39	accorded the accused for a review of any judgment or order made
40	40	hereunder, and said appeal shall be given preference by the Supreme
41	41	Court [of Criminal Appeals].
42	42	SECTION 2. Section 1, Article V, Texas Constitution, is
43	43	amended to read as follows:
44	44	Sec. 1. (a) The judicial power of this State shall be vested
45	45	in one Supreme Court, [in one Court of Criminal Appeals,] in Courts
46	46	of Appeals, in District Courts, in County Courts, in Commissioners
47	47	Courts, in Courts of Justices of the Peace, and in such other courts
48	48	as may be provided by law.
49	49	(b) The Legislature may establish such other courts as it
50	50	may deem necessary and prescribe the jurisdiction and organization
51	51	thereof, and may conform the jurisdiction of the district and other
52	52	inferior courts thereto.
53	53	(c) A reference in this constitution or other law to the
54	54	Court of Criminal Appeals means the Supreme Court, a reference to a
55	55	judge of the Court of Criminal Appeals means a justice of the
56	56	Supreme Court, and a reference to the presiding judge of the Court
57	57	of Criminal Appeals means the chief justice of the Supreme Court.
58	58	SECTION 3. Section 1-a(8), Article V, Texas Constitution,
59	59	is amended to read as follows:
60	60	(8) After such investigation as it deems necessary, the
61	61	Commission may in its discretion issue a private or public
62	62	admonition, warning, reprimand, or requirement that the person
63	63	obtain additional training or education, or if the Commission
64	64	determines that the situation merits such action, it may institute
65	65	formal proceedings and order a formal hearing to be held before it
66	66	concerning a person holding an office or position specified in
67	67	Subsection (6) of this Section, or it may in its discretion request
68	68	the Supreme Court to appoint an active or retired District Judge or
69	69	Justice of a Court of Appeals, a [or] retired [Judge or] Justice of
70	70	the [Court of Criminal Appeals or the] Supreme Court, or a retired
71	71	Judge of the Court of Criminal Appeals, as that court existed before
72	72	January 1, 2016, as a Master to hear and take evidence in the
73	73	matter, and to report thereon to the Commission. The Master shall
74	74	have all the power of a District Judge in the enforcement of orders
75	75	pertaining to witnesses, evidence, and procedure. If, after formal
76	76	hearing, or after considering the record and report of a Master, the
77	77	Commission finds good cause therefor, it shall issue an order of
78	78	public admonition, warning, reprimand, censure, or requirement
79	79	that the person holding an office or position specified in
80	80	Subsection (6) of this Section obtain additional training or
81	81	education, or it shall recommend to a review tribunal the removal or
82	82	retirement, as the case may be, of the person and shall thereupon
83	83	file with the tribunal the entire record before the Commission.
84	84	SECTION 4. Section 3, Article V, Texas Constitution, is
85	85	amended by amending Subsection (a) and adding Subsections (c) and
86	86	(d) to read as follows:
87	87	(a) The Supreme Court shall exercise the judicial power of
88	88	the state except as otherwise provided in this Constitution. Its
89	89	jurisdiction shall be co-extensive with the limits of the State and
90	90	its determinations shall be final [except in criminal law matters].
91	91	Its appellate jurisdiction shall be final and shall extend to all
92	92	cases except [in criminal law matters and] as otherwise provided in
93	93	this Constitution or by law. The Supreme Court and the Justices
94	94	thereof shall have power to issue writs of habeas corpus, as may be
95	95	prescribed by law, and under such regulations as may be prescribed
96	96	by law, the said courts and the Justices thereof may issue the writs
97	97	of mandamus, procedendo, prohibition, certiorari and such other
98	98	writs, as may be necessary to enforce its jurisdiction. The
99	99	Legislature may confer original jurisdiction on the Supreme Court
100	100	to issue writs of quo warranto and mandamus in such cases as may be
101	101	specified, except as against the Governor of the State.
102	102	(c) The appeal of all cases in which the death penalty has
103	103	been assessed shall be to the Supreme Court. The appeal of all
104	104	other criminal cases shall be to the Courts of Appeals as prescribed
105	105	by law. In addition, the Supreme Court may, on its own motion,
106	106	review a decision of a Court of Appeals in a criminal case as
107	107	provided by law. Discretionary review by the Supreme Court is not a
108	108	matter of right, but of sound judicial discretion.
109	109	(d) For the purpose of hearing criminal cases, the Supreme
110	110	Court may sit in panels of three Justices designated in accordance
111	111	with rules established by the court. In a panel of three Justices,
112	112	two Justices constitute a quorum and the concurrence of two
113	113	Justices is required for a decision. The Chief Justice, under rules
114	114	established by the court, may convene the court en banc for the
115	115	purpose of hearing criminal cases. The court must sit en banc
116	116	during proceedings involving capital punishment and other cases as
117	117	required by law. When convened en banc, five Justices constitute a
118	118	quorum and the concurrence of five Justices is required for a
119	119	decision. The Supreme Court may appoint Commissioners in aid of the
120	120	court as provided by law.
121	121	SECTION 5. Section 3-c, Article V, Texas Constitution, is
122	122	amended to read as follows:
123	123	Sec. 3-c. (a) The supreme court has [and the court of
124	124	criminal appeals have] jurisdiction to answer questions of state
125	125	law certified from a federal appellate court.
126	126	(b) The supreme court [and the court of criminal appeals]
127	127	shall promulgate rules of procedure relating to the review of those
128	128	questions.
129	129	SECTION 6. Section 5a, Article V, Texas Constitution, is
130	130	amended to read as follows:
131	131	Sec. 5a. The Supreme Court[, Court of Criminal Appeals,]
132	132	and each Court of Appeals shall each appoint a clerk of the court,
133	133	who shall give bond in the manner required by law, may hold office
134	134	for four years subject to removal by the appointing court for good
135	135	cause entered of record on the minutes of the court, and shall
136	136	receive such compensation as the legislature may provide.
137	137	SECTION 7. Section 5b, Article V, Texas Constitution, is
138	138	amended to read as follows:
139	139	Sec. 5b. The Supreme Court [and the Court of Criminal
140	140	Appeals] may sit at any time during the year at the seat of
141	141	government or, at the court's discretion, at any other location in
142	142	this state for the transaction of business, and each term [of either
143	143	court] shall begin and end with each calendar year.
144	144	SECTION 8. Section 7a(b), Article V, Texas Constitution, is
145	145	amended to read as follows:
146	146	(b) The membership of the board consists of the Chief
147	147	Justice of the Texas Supreme Court who serves as chairman, [the
148	148	presiding judge of the Texas Court of Criminal Appeals,] the
149	149	presiding judge of each of the administrative judicial districts of
150	150	the state, the president of the Texas Judicial Council, and one
151	151	person who is licensed to practice law in this state appointed by
152	152	the governor with the advice and consent of the senate for a term of
153	153	four years. In the event of a vacancy in the appointed membership,
154	154	the vacancy is filled for the unexpired term in the same manner as
155	155	the original appointment.
156	156	SECTION 9. Section 11, Article V, Texas Constitution, is
157	157	amended to read as follows:
158	158	Sec. 11. (a) No judge shall sit in any case wherein the
159	159	judge may be interested, or where either of the parties may be
160	160	connected with the judge, either by affinity or consanguinity,
161	161	within such a degree as may be prescribed by law, or when the judge
162	162	shall have been counsel in the case. When the Supreme Court or[,
163	163	the Court of Criminal Appeals,] the Court of Appeals[,] or any
164	164	member of [any of] those courts shall be thus disqualified to hear
165	165	and determine any case or cases in said court, the same shall be
166	166	certified to the Governor of the State, who shall immediately
167	167	commission the requisite number of persons learned in the law for
168	168	the trial and determination of such cause or causes. When a judge
169	169	of the District Court is disqualified by any of the causes above
170	170	stated, the parties may, by consent, appoint a proper person to try
171	171	said case; or upon their failing to do so, a competent person may be
172	172	appointed to try the same in the county where it is pending, in such
173	173	manner as may be prescribed by law.
174	174	(b) The [And the] District Judges may exchange districts, or
175	175	hold courts for each other when they may deem it expedient, and
176	176	shall do so when required by law. This disqualification of judges
177	177	of inferior tribunals shall be remedied and vacancies in their
178	178	offices filled as may be prescribed by law.
179	179	SECTION 10. Section 28(a), Article V, Texas Constitution,
180	180	is amended to read as follows:
181	181	(a) A vacancy in the office of Chief Justice, Justice, or
182	182	Judge of the Supreme Court, [the Court of Criminal Appeals,] the
183	183	Court of Appeals, or the District Courts shall be filled by the
184	184	Governor until the next succeeding General Election for state
185	185	officers, and at that election the voters shall fill the vacancy for
186	186	the unexpired term.
187	187	SECTION 11. Section 31(c), Article V, Texas Constitution,
188	188	is amended to read as follows:
189	189	(c) The legislature may delegate to the Supreme Court [or
190	190	Court of Criminal Appeals] the power to promulgate such other rules
191	191	as may be prescribed by law or this Constitution, subject to such
192	192	limitations and procedures as may be provided by law.
193	193	SECTION 12. The following temporary provision is added to
194	194	the Texas Constitution:
195	195	TEMPORARY PROVISION. (a) This section applies to the
196	196	constitutional amendment proposed by the 84th Legislature, Regular
197	197	Session, 2015, abolishing the court of criminal appeals and vesting
198	198	that court's criminal jurisdiction in the supreme court. The
199	199	constitutional amendment takes effect January 1, 2016.
200	200	(b) The court of criminal appeals and the positions of judge
201	201	and presiding judge of the court of criminal appeals are abolished
202	202	on January 1, 2016.
203	203	(c) Unless otherwise provided by the supreme court under
204	204	this subsection or by other law, a matter pending before the court
205	205	of criminal appeals immediately before January 1, 2016, is
206	206	considered pending in the supreme court on that date. The supreme
207	207	court by rule or order may make any provision necessary to ensure
208	208	that a change made by the constitutional amendment described by
209	209	Subsection (a) of this section or by the legislature in conformance
210	210	with that constitutional amendment does not adversely affect the
211	211	substantial rights of any party having a matter pending before any
212	212	court on January 1, 2016.
213	213	(d) Except as otherwise provided by law, rules adopted by
214	214	the court of criminal appeals that are in effect immediately before
215	215	January 1, 2016, are continued in effect until superseded by law or
216	216	supreme court rules.
217	217	(e) The supreme court by rule or order may adopt any
218	218	additional saving or transitional procedures or provisions the
219	219	supreme court considers appropriate to implement the
220	220	constitutional amendment described by Subsection (a) of this
221	221	section fairly and efficiently. A rule or order under this
222	222	subsection may be superseded by statute.
223	223	(f) This section expires January 1, 2019.
224	224	SECTION 13. Sections 4 and 5, Article V, Texas
225	225	Constitution, are repealed.
226	226	SECTION 14. This proposed constitutional amendment shall be
227	227	submitted to the voters at an election to be held November 3, 2015.
228	228	The ballot shall be printed to provide for voting for or against the
229	229	proposition: "The constitutional amendment to abolish the court of
230	230	criminal appeals and establish one supreme court with civil and
231	231	criminal appellate jurisdiction."