PMWJ H.B. 284 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 284
By: Nixon
4-9-97
Committee Report (Unamended)



BACKGROUND 

 Section 74.053(a), Government Code, relates to the notification of
assignment of a visiting judge.  It states that "when a judge is assigned
under this chapter the presiding judge shall, if it is reasonable and
practicable and if time permits, give notice of the assignment to each
attorney representing a party to the case that is to be heard in whole or
part by the assigned judge." Notification allows parties to object to the
assignment of a visiting judge.  A problem arises when judges do not allow
oral hearings.  Motions are "heard" (read) by visiting judges without any
parties knowing the judge has been assigned.  Because the parties do not
know the judge has been assigned, the parties cannot object to the
assignment, thereby waiving the parties' right to object to the visiting
judge. 


PURPOSE

 HB 284 makes Section 74.053(a) mandatory or non-permissive by striking
"if it is reasonable and practicable and if time permits". 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1. Amends Chapter 74.053(a), Government Code, by striking ", if
it is reasonable and practicable and if time permits,". 
  
 SECTION 2. Application of act.

 SECTION 3. Emergency clause.