1-1 By: Wentworth S.B. No. 1061
1-2 (In the Senate - Filed March 9, 1995; March 9, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 4, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 4, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of the supreme court to issue certain
1-9 writs.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections (a) and (b), Section 22.002,
1-12 Government Code, are amended to read as follows:
1-13 (a) The supreme court or a justice of the supreme court may
1-14 issue writs of procedendo and certiorari and all writs of quo
1-15 warranto and mandamus agreeable to the principles of law regulating
1-16 those writs, against a statutory county court judge, a statutory
1-17 probate court judge, a district judge, a court of appeals or a
1-18 justice of a court of appeals, or any officer of state government
1-19 except the governor, the court of criminal appeals, or a judge of
1-20 the court of criminal appeals.
1-21 (b) The supreme court or, in vacation, a justice of the
1-22 supreme court may issue a writ of mandamus to compel a statutory
1-23 county court judge, a statutory probate court judge, or a district
1-24 judge to proceed to trial and judgment in a case agreeable to the
1-25 principles and usages of law, returnable to the supreme court on or
1-26 before the first day of the term, or during the session of the
1-27 term, or before any justice of the supreme court as the nature of
1-28 the case requires.
1-29 SECTION 2. This Act takes effect September 1, 1995.
1-30 SECTION 3. 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 * * * * *