SB 1210
AN ACT relating to the jurisdiction of the Texas Supreme Court and the
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to Senate committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to the jurisdiction of the Texas Supreme Court and the
Bill Text
relating to the jurisdiction of the Texas Supreme Court and the BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 4.01, Code of Criminal Procedure, is 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; 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; 8. [7.] All county courts at law with criminal 9. [8.] County criminal 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 14. [13.] The magistrates appointed by the Collin 15. [14.] The magistrates appointed by the Brazoria County Commissioners Court or the local administrative judge for 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 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 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 SECTION 3. Section 22.001, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to (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 (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 (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 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.
Bill History
Bill filed: AN ACT relating to the jurisdiction of the Texas Supreme Court and the
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