BILL ANALYSIS


                                                    C.S.S.B. 1384
                                                    By: Wentworth
                                                    Jurisprudence
                                                           4-5-95
                                   Committee Report (Substituted)
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

As proposed, C.S.S.B. 1384 authorizes the chief justice of the
supreme court to certify to the governor when one or more justices
have recused themselves.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 22.005(a), Government Code, 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.  Deletes a
provision authorizing the chief justice to certify to the governor
when the justices are equally divided in opinion because of the
recusal of a member.

SECTION 2. Emergency clause.
           Effective date: upon passage.