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.