1-1  By:  Gallego (Senate Sponsor - Cain)                  H.B. No. 3073
    1-2        (In the Senate - Received from the House May 10, 1995;
    1-3  May 11, 1995, read first time and referred to Committee on
    1-4  Jurisprudence; May 18, 1995, reported favorably by the following
    1-5  vote:  Yeas 6, Nays 0; May 18, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the power of the courts of appeals to issue writs of
    1-9  mandamus.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 22.221(b), Government Code, is amended to
   1-12  read as follows:
   1-13        (b)  Each court of appeals for a court of appeals district
   1-14  may issue all writs of mandamus, agreeable to the principles of law
   1-15  regulating those writs, against a:
   1-16              (1)  judge of a district or county court in the court
   1-17  of appeals district; or
   1-18              (2)  judge of a district court who is acting as a
   1-19  magistrate at a court of inquiry under Chapter 52, Code of Criminal
   1-20  Procedure, in the court of appeals district.
   1-21        SECTION 2.  This Act applies only to a proceeding seeking a
   1-22  writ of mandamus filed in a court of appeals under Section 22.221,
   1-23  Government Code, on or after the effective date of this Act.  A
   1-24  proceeding seeking a writ of mandamus filed under that section
   1-25  before the effective date of this Act is governed by the law as it
   1-26  existed on the date of the filing of the application or the motion
   1-27  for leave to file, and the former law is continued in effect for
   1-28  that purpose.
   1-29        SECTION 3.  This Act takes effect September 1, 1995.
   1-30        SECTION 4.  The importance of this legislation and the
   1-31  crowded condition of the calendars in both houses create an
   1-32  emergency and an imperative public necessity that the
   1-33  constitutional rule requiring bills to be read on three several
   1-34  days in each house be suspended, and this rule is hereby suspended.
   1-35                               * * * * *