BILL ANALYSIS H.B. 482 By: Denny 4-25-95 Committee Report (Amended) BACKGROUND The Supreme Court of Texas has by amended order required every appointment made in a civil case, probate case, or proceeding by a regular or assigned judge of any district court, constitutional county court, statutory county court, statutory probate court, court master, or court referee of a person to a position for which any type of fee may be paid shall be made by written order. PURPOSE The purpose of H.B. 482 is to codify the amended order of the Supreme Court regarding mandatory reports of judicial appointments and fees. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter G, Chapter 51, Government Code, by adding Section 51.607 to be titled "REPORT OF JUDICIAL APPOINTMENTS". Subsection (a) requires each district or county clerk report to the Office of Court Administration every appointment that was made by a judge, magistrate, master or referee in a civil case in the court and which involved payment of a fee to a person of more than $250. Subsec. (b) requires the report to include specific information regarding the appointment. Subsec. (c) requires the clerk to report to the State Commission on Judicial Conduct the name of any judicial official who refuses or fails to provide the clerk with the information required by this section. Subsec. (d) provides exceptions of the reporting requirement in Subsection (a). SECTION 2. Effective date. Application of act. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 raises the threshold for reporting appointments if the fee paid is more than $500 instead of $250. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on April 20, 1995, the Committee on Judicial Affairs met in a public hearing on April 25, 1995, to consider H.B. 482. The Chair laid out H.B. 482 and recognized the author, Rep. Denny, to explain. Rep. Hartnett offered committee amendment #1. There being no objection, the Chair laid out committee amendment #1 and explained the amendment. The Chair moved adoption of committee amendment #1. The amendment was adopted without objection. Linda Uecker, District Clerk of Kerr County, representing herself and District Clerk Legislative Committee/County & District Clerks' Association of Texas, testified for H.B. 482, as amended. There being no further witnesses, the Chair recognized the author to close. The Chair moved to leave H.B. 482, as amended, pending. There were no objections. Following subsequent business, the Chair again laid out H.B. 482 and the adopted amendment, which were previously left pending. Rep. Hartnett moved that H.B. 482, as amended, be reported favorably back to the full House with the recommendation that it do pass, be printed and sent to the Local & Consent Calendars Committee. The motion prevailed by the following record vote: 6 ayes, 0 nays, 0 PNV and 3 absent.