BILL ANALYSIS



C.S.S.B. 886
By: Wentworth (Place)
05-17-95
Committee Report (Substituted)

BACKGROUND

Currently, no time period exists within which a civil cause must be
retried after a mistrial is declared.  The Code of Criminal
Procedure requires that a criminal cause be tried again within two
days, while the Civil Practice and Remedies Code does not establish
a time period for retrial of a civil cause.  Justice and municipal
courts' dockets are crowded.  When a mistrial happens, it becomes
extremely difficult to comply with present law in resetting the
case for trial on the same day or within the two day limit now
found in Article 45.40, Code of Criminal Procedure.

PURPOSE

If enacted, C.S.S.B. 886 would allow more time for a justice to
impanel a new jury following a mistrial.  It would also allow a
cause in a justice or municipal court to be retried if the jury
fails to reach a verdict.

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.  Amends Article 45.40, Code of Criminal Procedure
(MISTRIAL), by increasing the maximum allowable time a justice may
adjourn to impanel a new jury to try a cause from two to 30 days.

SECTION 2.  Amends Chapter 30, Civil Practices and Remedies Code,
by adding Section 30.007 as follows:

Sec. 30.007.  MISTRIAL IN JUSTICE COURT OR MUNICIPAL COURT.  Allows
the cause to be retried, after a mistrial, as soon as practicable.

SECTION 3.  Effective date:  September 1, 1995.  Makes effect of
the Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the original and the substitute amends Article 45.40,
Code of Criminal Procedure.  The substitute increases the maximum
allowable time for a justice to adjourn to impanel a new jury after
a mistrial from two to 30 days.  SECTION 1 of the original allows
the cause to be tried again during the same term or during another
term if the jury fails to reach a verdict after a reasonable time.

SUMMARY OF COMMITTEE ACTION

SB 886 was considered by the full committee in a formal meeting on
May 17, 1995.  The committee considered a complete committee
substitute.  The substitute was adopted without objection.  SB 886
was reported favorably as substituted, with the recommendation that
it do pass and be printed and be sent to the Local and Consent
Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.