BILL ANALYSIS S.B. 1061 By: Wentworth (Goodman) 4-11-95 Committee Report (Unamended) BACKGROUND Under Section 22.002, Texas Government Code, the supreme court is empowered to issue writs of mandamus against courts of appeals and district judges but not against a statutory county or probate judge. PURPOSE As proposed, S.B. 1061 authorizes the supreme court or justice of the supreme court to issue certain writs to judges of lower courts. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, department, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1 amends Section 22.002(a) and (b), Government Code, as follows: Subsec. (a) is amended to authorize the supreme court or justice of the supreme court to issue certain writs against a statutory county court judge or a statutory probate court judge. Subsec. (b) is amended to authorize the supreme court or justice of the supreme court to issue a writ of mandamus to compel a statutory county court judge or a statutory probate court judge to proceed to trial and judgment in a case. SECTION 2. Effective date. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted April 6, 1995, the Committee on Judicial Affairs met in a public hearing on April 11, 1995, to consider H.B. 2733. S.B. 1061 by Wentworth, the companion bill for H.B. 2733 was over and eligible; therefore, the Chair, Rep. Hartnett, laid out S.B. 1061 in lieu of H.B. 2733 and recognized the House sponsor, Rep. Goodman, to explain the bill. There were no witnesses to testify for, against or neutrally on the bill. The Chair moved that S.B. 1061 be reported favorably back to the full House, without amendment, with the recommendation that it do pass, be printed and sent to the Local & Consent Calendars Committee. The motion prevailed by the following record vote: 6 ayes, 0 nays, 0 PNV and 3 absent.