BILL ANALYSIS H.B. 3073 By: Gallego (Cain) Jurisprudence 5-19-95 Senate Committee Report (Unamended) BACKGROUND A court of appeals has no jurisdiction over the legal functions of a magistrate. As a result, cases that involve an appeal must be sent back to the lower court, and are then referred to the court of criminal appeals. This time consuming process can cause a case to be dismissed because the governing statute expires. PURPOSE As proposed, H.B. 3073 authorizes each court of appeals to issue all writs of mandamus against a judge of a district court who is acting as a magistrate at a court of inquiry in the appellate district. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 22.221(b), Government Code, to authorize each court of appeals for a court of appeals district to issue all writs of mandamus against a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.