S.B. No. 402
AN ACT
relating to the preference given by trial courts to hearings and
trials for murder and capital murder offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 23.101(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b-1), the trial courts
of this state shall regularly and frequently set hearings and
trials of pending matters, giving preference to hearings and trials
of the following:
(1) temporary injunctions;
(2) criminal actions, with the following actions given
preference over other criminal actions:
(A) criminal actions against defendants who are
detained in jail pending trial;
(B) criminal actions involving a charge that a
person committed an act of family violence, as defined by Section
71.004, Family Code;
(C) an offense under:
(i) Section 19.02, 19.03, 21.02, or 21.11,
Penal Code;
(ii) Chapter 22, Penal Code, if the victim
of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the
victim of the alleged offense is younger than 17 years of age;
(iv) Section 25.06, Penal Code;
(v) Section 43.25, Penal Code; or
(vi) Section 20A.02(a)(7), 20A.02(a)(8),
or 20A.03, Penal Code;
(D) an offense described by Article 62.001(6)(C)
or (D), Code of Criminal Procedure; and
(E) criminal actions against persons who are
detained as provided by Section 51.12, Family Code, after transfer
for prosecution in criminal court under Section 54.02, Family Code;
(3) election contests and suits under the Election
Code;
(4) orders for the protection of the family under
Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims and claims under
the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the
General Land Office under Section 51.3021, Natural Resources Code;
(7) actions in which the claimant has been diagnosed
with malignant mesothelioma, other malignant asbestos-related
cancer, malignant silica-related cancer, or acute silicosis; and
(8) appeals brought under Section 42.01 or 42.015, Tax
Code, of orders of appraisal review boards of appraisal districts
established for counties with a population of less than 175,000.
SECTION 2. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 402 passed the Senate on
March 15, 2023, by the following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 402 passed the House on
May 23, 2023, by the following vote: Yeas 135, Nays 3, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor