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.