88R10178 TSS-F
By: Parker S.B. No. 1092
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. Section 22.002, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) If the court of criminal appeals finds 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'
decision. The jurisdiction granted by this subsection applies
regardless of whether the decision of the court of criminal appeals
is:
(1) based on the state constitution, federal
constitution, or both;
(2) characterized as criminal or civil; or
(3) characterized as final or nonfinal.
SECTION 2. Subchapter B, Chapter 22, Government Code, is
amended by adding Section 22.1025 to read as follows:
Sec. 22.1025. CONSTITUTIONAL RULINGS. (a) A decision by
the court of criminal appeals that a statute, rule, or procedure
violates the state or federal constitution is not final and has no
effect until the later of:
(1) the 60th day after the date of the decision; or
(2) the denial or dismissal of a petition filed in the
supreme court as provided by Section 22.002(f).
(b) This section is adopted under the legislative authority
provided by Section 5(a), Article V, Texas Constitution.
SECTION 3. This Act applies to any decision issued by the
court of criminal appeals on or after September 1, 2023.
SECTION 4. This Act takes effect September 1, 2023.