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.