By: Wentworth S.B. No. 1061
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of the supreme court to issue certain
1-2 writs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a) and (b), Section 22.002,
1-5 Government Code, are amended to read as follows:
1-6 (a) The supreme court or a justice of the supreme court may
1-7 issue writs of procedendo and certiorari and all writs of quo
1-8 warranto and mandamus agreeable to the principles of law regulating
1-9 those writs, against a statutory county court judge, a statutory
1-10 probate court judge, a district judge, a court of appeals or a
1-11 justice of a court of appeals, or any officer of state government
1-12 except the governor, the court of criminal appeals, or a judge of
1-13 the court of criminal appeals.
1-14 (b) The supreme court or, in vacation, a justice of the
1-15 supreme court may issue a writ of mandamus to compel a statutory
1-16 county court judge, a statutory probate court judge, or a district
1-17 judge to proceed to trial and judgment in a case agreeable to the
1-18 principles and usages of law, returnable to the supreme court on or
1-19 before the first day of the term, or during the session of the
1-20 term, or before any justice of the supreme court as the nature of
1-21 the case requires.
1-22 SECTION 2. This Act takes effect September 1, 1995.
1-23 SECTION 3. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.