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.