PMWJ H.B. 786 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 786
By: Gallego
3-12-97
Committee Report (Unamended)



BACKGROUND 

 The Texas Judicial Council is now authorized by Chapter 71, Government
Code, to collect statistics pertaining to the amount and character of the
civil and criminal business transacted by the courts of the state. The
Council is empowered to prescribe procedures and forms for the supplying
of court statistics, but does not explicitly have authority to define the
terms used in such procedures and forms. Thus, some court officials may
interpret terms in such a manner as to result in discrepancies from court
to court in the statistics being reported. 


PURPOSE

 H.B. 786 would authorize and require the Texas Judicial Council to
prescribe definitions of terms for supplying statistics and other
information. This will result in more accurate and uniform court
statistics for use for court administration purposes and by the public,
the Legislature, the Legislative Budget Board, the Governor's Budget and
Planning Office, and other state budget authorities.. 


RULEMAKING AUTHORITY

 In Section 1 of the bill, amending Government Code ' 71.035(b), the Texas
Judicial Council is required, instead of authorized, to prescribe
procedures and forms for supplying statistics and other information
relating to judicial business.  New language added into the same sentence
requires the Texas Judicial Council to define the terms of the statistical
or other information it requires. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Section 71.035(b), Government Code, to allow the Texas
Judicial Council to prescribe definitions of terms for supplying
statistics and other information.  It also requires, instead of
authorizes, the Texas Judicial Council to prescribe the procedures,
definitions and forms for supplying the statistics and other information.  

 SECTION 2.  Effective date.

 SECTION 3.  Emergency clause.