BILL ANALYSIS



H.B. 2646
By: Bosse
April 28, 1995
Committee Report (Unamended)


BACKGROUND

Chapter 52 of the Code of Criminal Procedure establishes a
procedure defined as a "Court of Inquiry" where a judge of a
district court of this state may, acting in his capacity as
magistrate, summon and examine any witness when such judge has good
cause to believe that an offense has been committed against the
laws of this state.  This broad authority granted to a District
Judge has opened the door to abuses of such procedure and has
caused some to question the usefulness of "Courts of Inquiry." 

PURPOSE

H.B. 2646 would repeal the authority of Courts of Inquiry.

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. Repeals Chapter 52, Code of Criminal Procedures.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.


SUMMARY OF COMMITTEE ACTION

Pursuant to posting of public hearing the House Committee on State
Affairs convened in a public hearing on April 19, 1995.  The Chair
laid out HB 2646 and recognized Rep. Bosse to explain the bill. 
The Chair recognized the following persons to testify neutrally on
the bill: David E. Bernsen representing the Texas Transportation
Commission; and Tom Kramptiz representing the Texas District &
County Attorneys Association.  The Chair recognized Rep.Bosse to
close.  The Chair left HB 2646 pending.  In a formal meeting on
April 27, 1995 the Chair laid out HB 2646.  The bill was reported
favorably without amendment with the recommendation that it do pass
and be printed, by a record vote of 15 ayes, 0 nay, 0 pnv and 0
absent.