Bill Summary – FastDemocracy

      
            S.B. No. 402
         
               AN ACT
            
            relating to the preference given by trial courts to hearings and 
         
            trials for murder and capital murder offenses.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 23.101(a), Government Code, is amended 
         
            to read as follows:
         
                   (a)  Except as provided by Subsection (b-1), the trial courts 
         
            of this state shall regularly and frequently set hearings and 
         
            trials of pending matters, giving preference to hearings and trials 
         
            of the following:
         
                         (1)  temporary injunctions;
         
                         (2)  criminal actions, with the following actions given 
         
            preference over other criminal actions:
         
                               (A)  criminal actions against defendants who are 
         
            detained in jail pending trial;
         
                               (B)  criminal actions involving a charge that a 
         
            person committed an act of family violence, as defined by Section 
         
            71.004, Family Code;
         
                               (C)  an offense under:
         
                                     (i)  Section 19.02, 19.03, 21.02, or 21.11, 
         
            Penal Code;
         
                                     (ii)  Chapter 22, Penal Code, if the victim 
         
            of the alleged offense is younger than 17 years of age;
         
                                     (iii)  Section 25.02, Penal Code, if the 
         
            victim of the alleged offense is younger than 17 years of age;
         
                                     (iv)  Section 25.06, Penal Code;
         
                                     (v)  Section 43.25, Penal Code; or
         
                                     (vi)  Section 20A.02(a)(7), 20A.02(a)(8), 
         
            or 20A.03, Penal Code;
         
                               (D)  an offense described by Article 62.001(6)(C) 
         
            or (D), Code of Criminal Procedure; and
         
                               (E)  criminal actions against persons who are 
         
            detained as provided by Section 51.12, Family Code, after transfer 
         
            for prosecution in criminal court under Section 54.02, Family Code;
         
                         (3)  election contests and suits under the Election 
         
            Code;
         
                         (4)  orders for the protection of the family under 
         
            Subtitle B, Title 4, Family Code;
         
                         (5)  appeals of final rulings and decisions of the 
         
            division of workers' compensation of the Texas Department of 
         
            Insurance regarding workers' compensation claims and claims under 
         
            the Federal Employers' Liability Act and the Jones Act;
         
                         (6)  appeals of final orders of the commissioner of the 
         
            General Land Office under Section 51.3021, Natural Resources Code;
         
                         (7)  actions in which the claimant has been diagnosed 
         
            with malignant mesothelioma, other malignant asbestos-related 
         
            cancer, malignant silica-related cancer, or acute silicosis; and
         
                         (8)  appeals brought under Section 42.01 or 42.015, Tax 
         
            Code, of orders of appraisal review boards of appraisal districts 
         
            established for counties with a population of less than 175,000.
         
                   SECTION 2.  This Act takes effect September 1, 2023.
         
            ______________________________
            ______________________________
         
               President of the Senate
            Speaker of the House     
         
                   I hereby certify that S.B. No. 402 passed the Senate on 
         
            March 15, 2023, by the following vote:  Yeas 29, Nays 1.
         
            ______________________________
         
            Secretary of the Senate    
         
                   I hereby certify that S.B. No. 402 passed the House on 
         
            May 23, 2023, by the following vote:  Yeas 135, Nays 3, two 
         
            present not voting.
         
            ______________________________
         
            Chief Clerk of the House   
         
            Approved:
         
            ______________________________ 
         
                        Date
         
            Statutes affected: 
Introduced: Government Code 23.101 (Government Code 23)
Senate Committee Report: Government Code 23.101 (Government Code 23)
Engrossed: Government Code 23.101 (Government Code 23)
House Committee Report: Government Code 23.101 (Government Code 23)
Enrolled: Government Code 23.101 (Government Code 23)




	AN ACT
	relating to the preference given by trial courts to hearings and
	trials for murder and capital murder offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 23.101(a), Government Code, is amended
	to read as follows:
	(a) Except as provided by Subsection (b-1), the trial courts
	of this state shall regularly and frequently set hearings and
	trials of pending matters, giving preference to hearings and trials
	of the following:
	(1) temporary injunctions;
	(2) criminal actions, with the following actions given
	preference over other criminal actions:
	(A) criminal actions against defendants who are
	detained in jail pending trial;
	(B) criminal actions involving a charge that a
	person committed an act of family violence, as defined by Section
	71.004, Family Code;
	(C) an offense under:
	(i) Section 19.02, 19.03, 21.02, or 21.11,
	Penal Code;
	(ii) Chapter 22, Penal Code, if the victim
	of the alleged offense is younger than 17 years of age;
	(iii) Section 25.02, Penal Code, if the
	victim of the alleged offense is younger than 17 years of age;
	(iv) Section 25.06, Penal Code;
	(v) Section 43.25, Penal Code; or
	(vi) Section 20A.02(a)(7), 20A.02(a)(8),
	or 20A.03, Penal Code;
	(D) an offense described by Article 62.001(6)(C)
	or (D), Code of Criminal Procedure; and
	(E) criminal actions against persons who are
	detained as provided by Section 51.12, Family Code, after transfer
	for prosecution in criminal court under Section 54.02, Family Code;
	(3) election contests and suits under the Election
	Code;
	(4) orders for the protection of the family under
	Subtitle B, Title 4, Family Code;
	(5) appeals of final rulings and decisions of the
	division of workers' compensation of the Texas Department of
	Insurance regarding workers' compensation claims and claims under
	the Federal Employers' Liability Act and the Jones Act;
	(6) appeals of final orders of the commissioner of the
	General Land Office under Section 51.3021, Natural Resources Code;
	(7) actions in which the claimant has been diagnosed
	with malignant mesothelioma, other malignant asbestos-related
	cancer, malignant silica-related cancer, or acute silicosis; and
	(8) appeals brought under Section 42.01 or 42.015, Tax
	Code, of orders of appraisal review boards of appraisal districts
	established for counties with a population of less than 175,000.
	SECTION 2. This Act takes effect September 1, 2023.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 402 passed the Senate on
	March 15, 2023, by the following vote: Yeas 29, Nays 1.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 402 passed the House on
	May 23, 2023, by the following vote: Yeas 135, Nays 3, two
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date
	Statutes affected: Introduced: Government Code 23.101 (Government Code 23) Senate Committee Report: Government Code 23.101 (Government Code 23) Engrossed: Government Code 23.101 (Government Code 23) House Committee Report: Government Code 23.101 (Government Code 23) Enrolled: Government Code 23.101 (Government Code 23)