Texas 2023 - 88th Regular

Texas Senate Bill SB1092

Filed
2/22/23  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the jurisdiction of the supreme court and the court of criminal appeals.

Impact

The implications of Senate Bill 1092 for state laws are significant. It effectively amplifies the Supreme Court's authority over rulings related to constitutional matters decided by the Court of Criminal Appeals. By specifying that decisions made by the Court of Criminal Appeals regarding constitutional issues are not final until the Supreme Court has had an opportunity to review them, the bill aims to prevent premature enforcement and ensure a thorough review process. It also establishes a procedural safeguard around judicial decisions that may have far-reaching legal consequences.

Summary

Senate Bill 1092 aims to clarify the jurisdiction of the Supreme Court of Texas regarding decisions made by the Court of Criminal Appeals. Specifically, the bill grants the Supreme Court original jurisdiction to issue corrective writs, such as quo warranto and mandamus, in cases where the Court of Criminal Appeals finds a statute, rule, or procedure unconstitutional. This structuring is intended to enhance judicial oversight and ensure that constitutional interpretations are consistently applied across the state's judicial system.

Sentiment

The general sentiment surrounding SB 1092 appears to be somewhat supportive among legislators who advocate for a more cohesive legal framework in Texas. Proponents argue that it is essential to maintain consistency and clarity in judicial rulings, particularly in matters concerning constitutional interpretation. However, there may be concerns about extending the Supreme Court's jurisdiction too far, potentially leading to debates on judicial overreach or misunderstandings about the separation of powers within the state.

Contention

Notably, the bill faced some contention during discussions, with senators divided on the implications of enhancing the Supreme Court's jurisdiction. While some view it as a necessary clarification of judicial authority, others worry it could undermine the established role of the Court of Criminal Appeals. The balance of power between these two entities will likely be a key point of discussion as the bill moves forward, particularly regarding how it affects the finality of judicial rulings and the respective responsibilities of the courts.

Companion Bills

TX HB4178

Identical Relating to the jurisdiction of the supreme court and the court of criminal appeals.

Previously Filed As

TX SB1210

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

TX HB933

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

TX A08437

Renames the supreme court the superior court and the court of appeals the supreme court.

TX HB197

Zoning appeals, board of; appellate jurisdiction upon appeal from the circuit court.

TX HB1832

To Amend The Rules Of The Supreme Court And Court Of Appeals Of The State Of Arkansas; And To Amend A Rule Of The Supreme Court And Court Of Appeals Under The Authority Granted By The Arkansas Constitution.

TX HB5067

Relating to notices of appeals for matters within the exclusive intermediate appellate jurisdiction of the Court of Appeals for the Fifteenth Court of Appeals District.

TX SB284

Courts; to further provide for the election of justices of the Supreme Court and judges of the appellate courts

TX HB2028

Relating to granting the Intermediate Court of Appeals jurisdiction to hear certified questions

TX HB197

A BILL to amend and reenact ยงยง 17.1-405 and 17.1-406 of the Code of Virginia, relating to board of zoning appeals; appellate jurisdiction upon appeal from the circuit court.

TX H3306

Civil and Criminal Courts of Appeals Panels

Similar Bills

No similar bills found.