BILL ANALYSIS


                                                         S.B. 516
                                                    By: Henderson
                                                    Jurisprudence
                                                         04-20-95
                                     Committee Report (Unamended)
BACKGROUND

Currently, a judge may be assigned to a court without the approval
of a majority of the judges of the same type of court in the same
county.

PURPOSE

As proposed, S.B. 516 prohibits a judge from being assigned to a
district court that gives preference to certain types of cases
without the consent of a majority of the district court judges who
are required to give that same preference.  Requires a judge to not
hear a civil case if a party to the case gives a timely objection.

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 74.060, Government Code, by adding
Subsections (c) and (d), as follows:

     (c) Prohibits a judge from being assigned to a district court
     that is not required to give preference to certain matters
     unless the judge has been approved by a majority of the active
     district court judges in the county that are not required to
     give preference to certain matters.
     
     (d) Prohibits a judge from being assigned to a district court
     that is required to give preference to civil matters unless
     the judge has been approved by a majority of the active
     district court judges that are required to give preference to
     civil matters.  Prohibits a judge from being assigned to a
     family district court that is required to give preference to
     family law matters unless the judge has been approved by a
     majority of the family district court judges in the county. 
     Prohibits a judge from being assigned to a criminal district
     court that is required to give preference to criminal matters
     unless the judge has been approved by a majority of the active
     criminal district court judges in the county.
     
     SECTION 2.     Amends Section 74.053, Government Code, to prohibit the
assigned judge from hearing a civil case if a party to the case
files a timely objection to the assignment except in cases in which
the judge is disqualified or recused by statute, rule, or
otherwise.  Deletes existing Subsection (d).  Makes conforming
changes.

SECTION 3. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 4. Emergency clause.