BILL ANALYSIS S.J.R. 40 By: Wentworth (Goodman) 4-20-95 Committee Report (Unamended) BACKGROUND Presently, under Article V, Section 3a of the Texas Constitution, the Supreme Court may sit only "at the seat of government." Many of the courts of appeals and supreme courts in other states have found that conducting occasional oral arguments away from the Capitol is educational to the bench, the bar, and the public. PURPOSE S.J.R. 40 requires the submission to the voters of a constitutional amendment to authorizes the Supreme Court to sit at any time during the year at any location in this state for the transaction of business. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, department, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1 amends Section 3a, Article V, Texas Constitution, as follows: Sec. 3a. Authorizes the Supreme Court to sit at any time during the year at the seat of government or, at the court's discretion, at any other location in this state for the transaction of business. SECTION 2 requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 7, 1995. Sets forth the required language for the ballot. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on April 6, 1995, the Committee on Judicial Affairs met in a formal meeting on April 20, 1995, to consider S.J.R. 40. The Chair laid out S.J.R. 40 and recognized the House sponsor, Rep. Goodman, to explain. Rep. Alonzo moved that S.J.R. 40 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: 5 ayes, 0 nays, 1 PNV and 3 absent.