BILL ANALYSIS H.B. 933 By: Spiller Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that the Texas Supreme Court lacks jurisdiction to resolve conflicts between itself and the Texas Court of Criminal Appeals on constitutional matters which, without a designated authority to settle such disputes, creates inefficiencies and ambiguity in the justice system. H.B. 933 seeks to avoid these inefficiencies and ambiguities by establishing a concrete process for resolving situations where jurisdictional overlap arises. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 933 amends the Code of Criminal Procedure and Government Code to establish that the Texas Supreme Court, rather than the Texas Court of Criminal Appeals as granted under current law, has appellate jurisdiction in criminal cases to finally resolve a conflict between the supreme court and the court of criminal appeals regarding the interpretation of a provision of the Texas Constitution on submission of a writ of certiorari to the supreme court by a party to any proceeding in any court of the state or on certification of a question of law from any federal court. The bill removes the authority of the court of criminal appeals to review any decision of a court of appeals in a criminal case without a petition for such discretionary review being filed by one of the parties. H.B. 933 establishes that its intent is to clarify the jurisdiction of the supreme court and the court of criminal appeals as authorized under the state constitution. H.B. 933 applies to any conflict between the supreme court and the court of criminal appeals regarding the interpretation of a provision of the state constitution pending before any state court on or after the bill's effective date. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 933
By: Spiller
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 933
By: Spiller
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that the Texas Supreme Court lacks jurisdiction to resolve conflicts between itself and the Texas Court of Criminal Appeals on constitutional matters which, without a designated authority to settle such disputes, creates inefficiencies and ambiguity in the justice system. H.B. 933 seeks to avoid these inefficiencies and ambiguities by establishing a concrete process for resolving situations where jurisdictional overlap arises.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 933 amends the Code of Criminal Procedure and Government Code to establish that the Texas Supreme Court, rather than the Texas Court of Criminal Appeals as granted under current law, has appellate jurisdiction in criminal cases to finally resolve a conflict between the supreme court and the court of criminal appeals regarding the interpretation of a provision of the Texas Constitution on submission of a writ of certiorari to the supreme court by a party to any proceeding in any court of the state or on certification of a question of law from any federal court. The bill removes the authority of the court of criminal appeals to review any decision of a court of appeals in a criminal case without a petition for such discretionary review being filed by one of the parties. H.B. 933 establishes that its intent is to clarify the jurisdiction of the supreme court and the court of criminal appeals as authorized under the state constitution. H.B. 933 applies to any conflict between the supreme court and the court of criminal appeals regarding the interpretation of a provision of the state constitution pending before any state court on or after the bill's effective date.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that the Texas Supreme Court lacks jurisdiction to resolve conflicts between itself and the Texas Court of Criminal Appeals on constitutional matters which, without a designated authority to settle such disputes, creates inefficiencies and ambiguity in the justice system. H.B. 933 seeks to avoid these inefficiencies and ambiguities by establishing a concrete process for resolving situations where jurisdictional overlap arises.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 933 amends the Code of Criminal Procedure and Government Code to establish that the Texas Supreme Court, rather than the Texas Court of Criminal Appeals as granted under current law, has appellate jurisdiction in criminal cases to finally resolve a conflict between the supreme court and the court of criminal appeals regarding the interpretation of a provision of the Texas Constitution on submission of a writ of certiorari to the supreme court by a party to any proceeding in any court of the state or on certification of a question of law from any federal court. The bill removes the authority of the court of criminal appeals to review any decision of a court of appeals in a criminal case without a petition for such discretionary review being filed by one of the parties.
H.B. 933 establishes that its intent is to clarify the jurisdiction of the supreme court and the court of criminal appeals as authorized under the state constitution.
H.B. 933 applies to any conflict between the supreme court and the court of criminal appeals regarding the interpretation of a provision of the state constitution pending before any state court on or after the bill's effective date.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.