HB 1761

85(R) - 2017
House Judiciary & Civil Jurisprudence
Senate State Affairs
House Judiciary & Civil Jurisprudence
Senate State Affairs

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


John Smithee


Bryan Hughes

Bill Caption

Relating to jurisdiction of the Texas Supreme Court. 

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would slightly modify the jurisdiction of the supreme court. Under current law they have appellate jurisdiction except in criminal law matters, unless a criminal law matter fits into one of the following cases: Disagreement of law material to the decision, contradictory rulings from courts of appeals, statutory interpretation, revenue, railroad commission, or any other case where it appears that an error in law has been committed by a court of appeals. If this bill passes, they will have jurisdiction over a case if the Supreme Court determines that the appeal presents a question of law that is important to the jurisprudence of the state.

This bill would also replace the current process for an Application for Writ of Error, which is how cases make it to before the supreme court. If this bill passes, a Petition for Review would admit cases to the supreme court, and the Application For Writ of Error would be repealed. 

Vote Recommendation Notes

Each of the three branches of government are intended to be a check upon the unconstitutional powers of each other branch, and this bill does not deny the supreme court of any powers. The changes in this bill do not have a measurable impact on our liberty principles, therefore we will remain neutral. 

Organizations Supporting

Texans for Lawsuit Reform
Texas Civil Justice League