HB933 - Relating to the jurisdiction of the Texas Supreme Court and the Court of Criminal Appeals.

  89R3234 TSS-F     By: Spiller H.B. No. 933       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 a conflict described by   Section 22.001(a-1), Government Code;                 3.   Courts of appeals, other than the Court of Appeals   for the Fifteenth Court of Appeals District;                 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;                 16.  [ 15. ]  The magistrates appointed by the judges of   the district courts of Tom Green County;                 17.  [ 16. ]  The magistrates appointed by the judges of   the district and statutory county courts of Denton County; and                 18.  [ 17. ]  The magistrates appointed by the judges of   the district and statutory county courts of Grayson 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.  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, other writs, including 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 22.001(a-1),   Government Code, 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 conflict described   by Section 22.001(a-1), Government Code .  Discretionary review by   the Court of Criminal Appeals is not a matter of right, but of sound   judicial discretion.          SECTION 3.  Section 22.001, Government Code, is amended by   amending Subsections (a) and (b) and adding Subsection (a-1) to   read as follows:          (a)  The supreme court has appellate jurisdiction, except in   criminal law matters other than a conflict described by Subsection   (a-1) , 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.           (a-1)     The supreme court has appellate jurisdiction 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:                 (1)     submission of a writ of certiorari to the supreme   court by a party to any proceeding in any court of this state; or                 (2)     certification of a question of law from any   federal court [ The supreme court's jurisdiction does not include   cases in which the jurisdiction of the court of appeals is made   final by statute ].          (b)   Except as provided by Subsection (a-1), a [ A ] case over   which the court has jurisdiction under Subsection (a) may be   carried to the supreme court by petition for review.          SECTION 4.  It is the intent of the legislature that:                (1)  the jurisdiction of the Texas Supreme Court as   amended by this Act is "as otherwise provided . . . by law" within   the meaning of Section 3(a), Article V, Texas Constitution; and                (2)  the jurisdiction of the Court of Criminal Appeals   as amended by this Act is "with such exceptions and under such   regulations . . . as prescribed by law" within the meaning of   Section 5(a), Article V, Texas Constitution.          SECTION 5.  The changes in law made by this Act apply to any   matter described by Section 22.001(a-1), Government Code, as added   by this Act, pending before any court of this state on or after the   effective date of this Act.          SECTION 6.  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, 2025.