BILL ANALYSIS



H.B. 501
By: Hartnett
February 28, 1995


BACKGROUND

     Under current law, a court of appeals can deny a motion for
leave to file a petition for writ of mandamus or an application for
writ of prohibition on a technical ground without telling the
applicant what the error is.  This lack of disclosure leaves the
applicant in the dark and unable to correct what is often a simple
error.  This practice unfairly blocks emergency relief in cases
where a trial judge has violated the law and quick relief is
merited.


PURPOSE

     This bill requires courts of appeals to notify parties of any
technical defects causing the denial of a petition for writ of
mandamus or an application for writ of prohibition.  This will give
appellants the opportunity to cure any technical defects and have
the court reach the merits of the appeal, so that justice will be
served.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not grant
any additional rulemaking authority to a state officer,
institution, department or agency.


SECTION BY SECTION ANALYSIS

SECTION 1 amends Section 22.221, Government Code, by adding
Subsection (c) to require the court of appeals to inform the
parties in writing of the reasons for denying leave to file a
petition for a writ of mandamus or an application for a writ of
prohibition if the denial is based on a technical defect and not on
the merits.
     This section controls over any conflict with the Texas Rule of
Appellate Procedure.
     This section may not be modified or repealed by a rule adopted
by the supreme court.

SECTION 2.  Application of act.

SECTION 3.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted February 22, 1995, in
accordance with House rules, the Committee on Judicial Affairs met
in a public hearing on February 28, 1995, to consider House Bill
501.  The Chair recognized the author, Rep. Hartnett, to explain
the bill.  John Alan Goren, civil appellate lawyer, representing
himself, testified for H.B. 501.  There being no other witnesses,
Rep. Duncan moved that H.B. 501 be reported favorably back to the
full House, without amendment, with the recommendation that it do
pass and be printed.  The motion prevailed by the following record
vote:  6 ayes, 0 nays, 0 PNV and 3 absent.