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.