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.