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.