BILL ANALYSIS



S.B. 1384
By: Wentworth (Goodman)
4-25-95
Committee Report (Unamended)


BACKGROUND

     The governor may appoint a special judge to sit on the court
of criminal appeals in any case where a regular judge is
disqualified or absent.  However, the governor may appoint a
special judge to sit on the supreme court only when a majority of
the court is disqualified or when the court is equally divided in
opinion because of the absence or disqualification of one of its
members.  The court of criminal appeals has far more flexibility in
achieving a full court decision than the supreme court does.


PURPOSE

     This bill authorizes the chief justice of the supreme court to
certify to the governor when one or more justices have recused
themselves from hearing a case, in which case, the governor must
immediately appoint special judges to hear the case.  It also adds
a new requirement that special judges appointed to hear a case on
the Supreme Court must be active district judges or appellate
justices.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not grant
any additional rulemaking authority to a state officer,
institution, department or agency.


SECTION BY SECTION ANALYSIS

     SECTION 1 amends Section 22.005 of the Government Code.
           Subsec. (a) is amended to authorize, rather than
     require, the chief justice of the supreme court to certify to
     the governor when one or more justices of the supreme court
     have recused themselves under the Texas Rules of Appellate
     Procedure or are disqualified under the constitution and laws
     of this state to hear and determine a case in the court. 
     Subsec. (a)(2), authorizing the chief justice to certify to
     the governor when the justices are equally divided in opinion
     because of the recusal of a member, is deleted.
           Subsec. (b) is amended to require that special judges
     appointed to hear a case on the Supreme Court must be active
     district judges or appellate justices, in addition to
     possessing the qualifications prescribed for justices of the
     supreme court.

     SECTION 2.  Emergency clause.  Effective date.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 20, 1995, the
Committee on Judicial Affairs met in a public hearing on April 25,
1995, to consider S.B. 1384.  The Chair laid out S.B. 1384 and
recognized Rep. Hartnett to explain.  There were no witnesses to
testify.  Rep. Duncan moved that S.B. 1384 be reported favorably
back to the full House, without amendment, with the recommendation
that it do pass, be printed and sent to the Calendars Committee. 
The motion prevailed by the following record vote:  6 ayes, 0 nays,
0 PNV and 3 absent.