PMWJ H.B. 455 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 455
By: Lewis of Tarrant
4-9-97
Committee Report (Unamended)



BACKGROUND 

 Currently, Texas law allows either party in a civil case to object to the
assignment of a judge in a district court or in a statutory county court.
This option exists to provide defendants the ability to ensure impartial
hearing of trials.  Presently, this option is not available to defendants
in criminal cases and may serve to undermine fair and impartial trials
and/or court proceedings.

PURPOSE

 If enacted, this bill would  allow either party in a criminal case the
ability to object to an assigned judge. 


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 Section 74.053(b) of the  Government Code to permit a
party to a criminal case to object to the assignment of a judge. 

 SECTION 2. Effective date.  Application of act.

 SECTION 3. Emergency Clause.