88R10608 TSS-D
By: Schofield H.B. No. 4187
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 questions certified
under Section 3, Article 4.04;
3. Courts of appeals;
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; and
16. [15.] The magistrates appointed by the judges of
the district courts of Tom Green 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. Except as provided by Section 3, the [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,
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 3, 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 question described by Section 3. Discretionary
review by the Court of Criminal Appeals is not a matter of right,
but of sound judicial discretion.
Sec. 3. If the Court of Criminal Appeals determines that a
petition or appeal presents a question regarding the interpretation
of a provision of the Texas Constitution, the court may not issue an
order on the petition or in the appeal before first certifying the
question to the Texas Supreme Court and receiving an answer. The
Texas Supreme Court's determination on a question certified to that
court under this section is final and binding on the Court of
Criminal Appeals.
SECTION 3. Section 22.001, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The supreme court has appellate jurisdiction, except in
criminal law matters other than a question certified under Section
3, Article 4.04, Code of Criminal Procedure, 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. The supreme court's jurisdiction does
not include cases in which the jurisdiction of the court of appeals
is made final by statute.
(a-1) The supreme court has jurisdiction to finally
determine questions regarding the interpretation of a provision of
the Texas Constitution certified to the court by the court of
criminal appeals under Section 3, Article 4.04, Code of Criminal
Procedure.
SECTION 4. The changes in law made by this Act apply to a
petition or appeal filed in the court of criminal appeals on or
after the effective date of this Act. A petition or appeal filed in
the court of criminal appeals before the effective date of this Act
is governed by the law in effect on the date the petition or appeal
was filed, and the former law is continued in effect for that
purpose.
SECTION 5. 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, 2023.