Texas 2023 - 88th Regular

Texas House Bill HB2930 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9574 TSS-F
2	2	By: Spiller H.B. No. 2930
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the jurisdiction of the Texas Supreme Court and the
8	8	Court of Criminal Appeals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 4.01, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
13	13	following courts have jurisdiction in criminal actions:
14	14	1. The Court of Criminal Appeals;
15	15	2. The Texas Supreme Court in a conflict described by
16	16	Section 22.001(a-1), Government Code;
17	17	3. Courts of appeals;
18	18	4. [3.] The district courts;
19	19	5. [4.] The criminal district courts;
20	20	6. [5.] The magistrates appointed by the judges of the
21	21	district courts of Bexar County, Dallas County, Tarrant County, or
22	22	Travis County that give preference to criminal cases and the
23	23	magistrates appointed by the judges of the criminal district courts
24	24	of Dallas County or Tarrant County;
25	25	7. [6.] The county courts;
26	26	8. [7.] All county courts at law with criminal
27	27	jurisdiction;
28	28	9. [8.] County criminal courts;
29	29	10. [9.] Justice courts;
30	30	11. [10.] Municipal courts;
31	31	12. [11.] The magistrates appointed by the judges of
32	32	the district courts of Lubbock County;
33	33	13. [12.] The magistrates appointed by the El Paso
34	34	Council of Judges;
35	35	14. [13.] The magistrates appointed by the Collin
36	36	County Commissioners Court;
37	37	15. [14.] The magistrates appointed by the Brazoria
38	38	County Commissioners Court or the local administrative judge for
39	39	Brazoria County; and
40	40	16. [15.] The magistrates appointed by the judges of
41	41	the district courts of Tom Green County.
42	42	SECTION 2. Article 4.04, Code of Criminal Procedure, is
43	43	amended to read as follows:
44	44	Art. 4.04. COURT OF CRIMINAL APPEALS
45	45	Sec. 1. The Court of Criminal Appeals and each judge thereof
46	46	shall have, and is hereby given, the power and authority to grant
47	47	and issue and cause the issuance of writs of habeas corpus, and, in
48	48	criminal law matters, other writs, including the writs of mandamus,
49	49	procedendo, prohibition, and certiorari, [. The court and each
50	50	judge thereof shall have, and is hereby given, the power and
51	51	authority to grant and issue and cause the issuance of such other
52	52	writs] as may be necessary to protect its jurisdiction or enforce
53	53	its judgments.
54	54	Sec. 2. Except as provided by Section 22.001(a-1),
55	55	Government Code, the [The] Court of Criminal Appeals shall have,
56	56	and is hereby given, final appellate and review jurisdiction in
57	57	criminal cases coextensive with the limits of the state, and its
58	58	determinations shall be final. The appeal of all cases in which the
59	59	death penalty has been assessed shall be to the Court of Criminal
60	60	Appeals. In addition, the Court of Criminal Appeals may [,] on [its
61	61	own motion, with or without] a petition for such discretionary
62	62	review being filed by one of the parties, review any decision of a
63	63	court of appeals in a criminal case other than a conflict described
64	64	by Section 22.001(a-1), Government Code. Discretionary review by
65	65	the Court of Criminal Appeals is not a matter of right, but of sound
66	66	judicial discretion.
67	67	SECTION 3. Section 22.001, Government Code, is amended by
68	68	amending Subsections (a) and (b) and adding Subsection (a-1) to
69	69	read as follows:
70	70	(a) The supreme court has appellate jurisdiction, except in
71	71	criminal law matters other than a conflict described by Subsection
72	72	(a-1), of an appealable order or judgment of the trial courts if the
73	73	court determines that the appeal presents a question of law that is
74	74	important to the jurisprudence of the state.
75	75	(a-1) The supreme court has appellate jurisdiction to
76	76	finally resolve a conflict between the supreme court and the court
77	77	of criminal appeals regarding the interpretation of a provision of
78	78	the Texas Constitution on:
79	79	(1) submission of a writ of certiorari to the supreme
80	80	court by a party to any proceeding in any court of this state; or
81	81	(2) certification of a question of law from any
82	82	federal court [The supreme court's jurisdiction does not include
83	83	cases in which the jurisdiction of the court of appeals is made
84	84	final by statute].
85	85	(b) Except as provided by Subsection (a-1), a [A] case over
86	86	which the court has jurisdiction under Subsection (a) may be
87	87	carried to the supreme court by petition for review.
88	88	SECTION 4. It is the intent of the legislature that:
89	89	(1) the jurisdiction of the Texas Supreme Court as
90	90	amended by this Act is "as otherwise provided . . . by law" within
91	91	the meaning of Section 3(a), Article V, Texas Constitution; and
92	92	(2) the jurisdiction of the Court of Criminal Appeals
93	93	as amended by this Act is "with such exceptions and under such
94	94	regulations . . . as prescribed by law" within the meaning of
95	95	Section 5(a), Article V, Texas Constitution.
96	96	SECTION 5. The changes in law made by this Act apply to any
97	97	matter described by Section 22.001(a-1), Government Code, as added
98	98	by this Act, pending before any court of this state on or after the
99	99	effective date of this Act.
100	100	SECTION 6. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2023.