SB 1220

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 1220 seeks to clarify the subject matter jurisdiction of criminal trial courts in Texas. Specifically, it amends Subchapter A, Chapter 23 of the Texas Government Code by adding Section 23.002, which states that criminal trial courts do not require the exhaustion of civil or administrative remedies before exercising jurisdiction over a criminal case. This provision ensures that criminal prosecutions can proceed without delay due to pending civil proceedings.

The bill applies retroactively, meaning it will impact criminal cases that commenced before, on, or after its enactment. This measure removes any ambiguity in the law regarding whether administrative or civil remedies must be pursued before criminal jurisdiction is established.

By streamlining the criminal justice process, SB 1220 reinforces due process rights, prevents unnecessary procedural delays, and ensures that the government cannot impose additional bureaucratic hurdles before bringing criminal cases to court.
Author (1)
Bryan Hughes
Co-Author (1)
Brian Birdwell
Sponsor (1)
John Smithee
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1220 is not expected to have a significant fiscal impact on the state of Texas. The bill's provisions, which clarify that criminal trial courts do not require the exhaustion of civil or administrative remedies before assuming jurisdiction, do not introduce substantial new costs or administrative burdens for state agencies. Any minor costs associated with implementation can be absorbed within existing resources.

Additionally, the Office of Court Administration (OCA) and the Texas Judicial Council reviewed the bill and determined that it would not require additional funding to modify court procedures. The legislation merely clarifies existing judicial authority rather than expanding court operations or necessitating additional personnel or infrastructure.

For local governments, no significant fiscal impact is anticipated. The bill does not create new obligations for counties or municipalities, nor does it impose any unfunded mandates. Since the bill primarily affects legal procedure rather than imposing new administrative duties, it is unlikely to cause any measurable increase in costs for local courts or law enforcement agencies.

Vote Recommendation Notes

SB 1220 is a pro-liberty measure that seeks to correct a judicial interpretation that restricts the jurisdiction of Texas criminal courts. The bill is a direct response to the Ex Parte Charette (2024) decision by the Texas Court of Criminal Appeals, which ruled that the Texas Ethics Commission (TEC) must first investigate and determine violations of the Election Code before criminal prosecution can proceed. This decision effectively delayed or even prevented the prosecution of election-related offenses by making TEC proceedings a prerequisite. SB 1220 amends the Texas Government Code to clarify that criminal trial courts do not need to wait for civil or administrative remedies to be exhausted before assuming jurisdiction over a criminal case.

By restoring the courts’ ability to act without bureaucratic delays, SB 1220 reinforces the principle of limited government and ensures judicial efficiency. The bill prevents unnecessary reliance on administrative agencies like the TEC and keeps prosecution power where it belongs—within the judicial system. Additionally, by removing procedural barriers to criminal prosecutions, SB 1220 upholds due process and the fair application of election laws. The Charette ruling created an artificial hurdle that could have led to unequal enforcement, allowing some criminal cases to be dismissed on procedural technicalities rather than their legal merits.

Because the bill merely clarifies the existing authority of criminal courts rather than expanding their responsibilities, it does not require additional funding or personnel.

Ultimately, SB 1220 is a necessary correction to judicial overreach and preserves the intended function of Texas criminal courts. It ensures that courts retain their rightful authority without being hindered by unnecessary administrative procedures. By upholding judicial efficiency, due process, and the principle of limited government, Texas Policy Research recommends that lawmakers vote YES on SB 1220 to maintain the integrity of the Texas criminal justice system.

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