74R9073 MLR-F
By Gallego H.B. No. 3073
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the power of the courts of appeals to issue writs of
1-3 mandamus.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.221(b), Government Code, is amended to
1-6 read as follows:
1-7 (b) Each court of appeals for a court of appeals district
1-8 may issue all writs of mandamus, agreeable to the principles of law
1-9 regulating those writs, against a:
1-10 (1) judge of a district or county court in the court
1-11 of appeals district; or
1-12 (2) judge of a district court who is acting as a
1-13 magistrate at a court of inquiry under Chapter 52, Code of Criminal
1-14 Procedure, in the court of appeals district.
1-15 SECTION 2. This Act applies only to a proceeding seeking a
1-16 writ of mandamus filed in a court of appeals under Section 22.221,
1-17 Government Code, on or after the effective date of this Act. A
1-18 proceeding seeking a writ of mandamus filed under that section
1-19 before the effective date of this Act is governed by the law as it
1-20 existed on the date of the filing of the application or the motion
1-21 for leave to file, and the former law is continued in effect for
1-22 that purpose.
1-23 SECTION 3. This Act takes effect September 1, 1995.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.