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AN ACT
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relating to jurisdiction of the Texas Supreme Court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.001(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) The supreme court has appellate jurisdiction, except in |
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criminal law matters, of an [coextensive with the limits of the
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state and extending to all questions of law arising in the following
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cases when they have been brought to the courts of appeals from] |
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appealable order or judgment of the trial courts if the court |
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determines that the appeal presents a question[:
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[(1)
a case in which the justices of a court of appeals
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disagree on a question of law material to the decision;
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[(2)
a case in which one of the courts of appeals holds
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differently from a prior decision of another court of appeals or of
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the supreme court on a question of law material to a decision of the
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case;
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[(3)
a case involving the construction or validity of
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a statute necessary to a determination of the case;
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[(4) a case involving state revenue;
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[(5)
a case in which the railroad commission is a
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party; and
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[(6) any other case in which it appears that an error] |
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of law [has been committed by the court of appeals, and] that |
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[error] is important [of such importance] to the jurisprudence of |
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the state. The supreme court's jurisdiction does not include |
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[that, in the opinion of the supreme court, it requires correction,
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but excluding those] cases in which the jurisdiction of the court of |
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appeals is made final by statute. |
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(b) A case over which the court has jurisdiction under |
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Subsection (a) may be carried to the supreme court [either] by |
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petition for review [writ of error or by certificate from the court
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of appeals, but the court of appeals may certify a question of law
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arising in any of those cases at any time it chooses, either before
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or after the decision of the case in that court]. |
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(c) Except as provided by this subsection or other law, an |
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appeal may be taken to the supreme court only if the appeal was |
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first brought to the court of appeals. An appeal may be taken |
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directly to the supreme court from an order of a trial court |
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granting or denying an interlocutory or permanent injunction on the |
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ground of the constitutionality of a statute of this state. [It is
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the duty of the supreme court to prescribe the necessary rules of
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procedure to be followed in perfecting the appeal.] |
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SECTION 2. The heading to Section 22.007, Government Code, |
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is amended to read as follows: |
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Sec. 22.007. PETITION FOR REVIEW [APPLICATION FOR WRIT OF
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ERROR]. |
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SECTION 3. Sections 22.007(a) and (e), Government Code, are |
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amended to read as follows: |
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(a) The supreme court may act on petitions for review |
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[applications for writs of error] when the court deems it |
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expedient. [The supreme court shall pass on an application for writ
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of error in a case in which the justices of the courts of appeals
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have disagreed or have declared void a statute of the state.] |
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(e) The granting of a petition for review [an application
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for writ of error] admits the case into the supreme court, and the |
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supreme court shall proceed with the case as provided by law. The |
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denial [refusal] or dismissal of a petition for review [an
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application] has the effect of denying the admission of the case |
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into the supreme court, except that a motion for rehearing may be |
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made [to the designated justices ] in the same manner that a motion |
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for rehearing to the supreme court is made in a case in which the |
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court granted review. The denial or dismissal of a petition for |
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review may [refusal or dismissal of an application shall] not be |
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regarded as a precedent or authority. |
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SECTION 4. The following provisions of the Government Code |
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are repealed: |
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(1) Section 22.001(e); |
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(2) Sections 22.007(b), (c), (d), (f), and (g); and |
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(3) Sections 22.225(b), (c), (d), and (e). |
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SECTION 5. The repeal of Section 22.225(d), Government |
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Code, applies only to an interlocutory order signed on or after the |
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effective date of this Act. An interlocutory order |
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signed before |
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the effective date of this Act is governed by the law applicable to |
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the order immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1761 was passed by the House on April |
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20, 2017, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1761 on May 19, 2017, by the following vote: Yeas 141, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1761 was passed by the Senate, with |
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amendments, on May 15, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |