BILL ANALYSIS



S.B. 1386
By: Wentworth (Goodman)
5-2-95
Committee Report (Amended)


BACKGROUND

     The justices and judges of the supreme court, court of
criminal appeals, and the courts of appeals are not eligible to sit
as visiting trial judges.  Both the judicial system and the
individual members of the high courts may benefit from the
occasional service of the high court justices and judges on the
trial bench.


PURPOSE

     This bill authorizes certain appellate judges or justices to
be assigned to serve as a visiting trial judge.


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 74.054(a), Government Code, to
authorize an active judge or justice of the supreme court, the
court of criminal appeals, or a court of appeals who has had trial
court experience, among others, to be assigned as provided by this
chapter by the presiding judge of the administrative region in
which the assigned judge resides.  Makes conforming changes.

     SECTION 2 amends Section 74.060, Government Code, by adding
Subsection (b), to prohibit an active judge or justice of certain
courts from being assigned if the judge or justice has served 14 or
more days as a visiting judge in the year in which the assignment
is to be made.  Applies this subsection only to an initial
assignment to a case and does not affect a judge's or justice's
continuing to sit in a particular case.  Makes conforming changes.

     SECTION 3 amends Section 74.061(g), Government Code, to make
conforming changes.

     SECTION 4.     Emergency clause.  Effective date.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 prohibits active justices of the
supreme court and the courts of appeals and active judges of the
court of criminal appeals from being assigned as a visiting judge
in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock,
Midland, Tarrant or Travis counties.

SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 27, 1995, the
Committee on Judicial Affairs met in a public hearing on May 2,
1995, to consider S.B. 1386.  The Chair laid out S.B. 1386 and
recognized the House sponsor, Rep. Goodman, to explain.  Rep.
Alonzo offered committee amendment #1.  There being no objection,
the Chair laid out committee amendment #1 and recognized Rep.
Alonzo to explain.  Rep. Alonzo moved adoption of the amendment. 
There being no objection, the amendment was adopted.  There were no
witnesses.  Rep. Alonzo moved that S.B. 1386, as amended, be
reported favorably back to the full House 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.