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 This section may not be modified or repealed by a rule adopted by the supreme court.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.