PMWJ H.B. 783 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 783
By: Gallego
5-8-97
Committee Report (Unamended)



BACKGROUND 

 An active court of appeals justice may now be assigned for limited
service on a trial court bench if the justice has trial court experience.  


PURPOSE

 H.B. 783 would allow active justices of the supreme court and judges of
the court of criminal appeals also to be assigned to trial courts for
temporary service.  Since these judges and justices promulgate rules for
use by trial courts, the bill would give them practical, "hands on"
experience with the rules they have promulgated. 


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 74.054(a), Government Code, to allow active
justices of the supreme court and judges of the court of criminal appeals
to be assigned to trial courts. 

 SECTION 2 amends Section 74.060, Government Code.
 Subsec. (a) is amended to make conforming changes.
 Subsec. (b) is amended to limit trial court assignments of active supreme
court, court of criminal appeals, and court of appeals justices and judges
to 14 calendar days in a calendar year and to prohibit such assignments in
Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
Tarrant, or Travis counties. 
 New Subsec. (c) provides that the 14 day limitation does not affect a
judge's or justice's continuing to sit in a particular case. 
  
 SECTION 3 is amended to make conforming changes.

 SECTION 4.  Effective date.  Application of act.

 SECTION 5.  Emergency clause.