Court of Criminal Appeals of Texas

Orlando Salinas, Appellant v. the State of Texas

March 8, 20172017 Tex. Crim. App. LEXIS 284

Summary

The Court held that the Texas Local Government Code § 133.102 is facially unconstitutional as to the allocations to the comprehensive rehabilitation and abused children’s counseling accounts because they do not serve a legitimate criminal‑justice purpose, violating the state constitution’s separation‑of‑powers clause. The Court severed those provisions, reduced the consolidated fee pro rata, and limited retroactive application to the parties and any pending cases. Two dissenting opinions argued that the majority applied the wrong standard for facial challenges and would have upheld the statute, while a concurring opinion emphasized the practical impact of the fee reduction and urged broad dissemination of the decision.