PMWJ H.B. 949 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 949
By: Puente
5-1-97
Committee Report (Unamended)



BACKGROUND 

 Under current law, when a retired or former judge is assigned by a
presiding judge to hold court and dispose of accumulated business under
Chapter 74 of the Government Code, a party to a civil case may file a
timely objection to the assignment of such judge to the party's case.  If
an objection is made, the judge shall not hear the case.  However, the
objection must be filed before the first hearing or trial, including
pretrial hearings, over which the assigned judge presides.  In Bexar
County and other counties that have a central docketing court system, all
matters requiring a hearing are filed in one presiding court.  The
requirement that such objection must always be exercised at the first
pretrial hearing without further right to object during trial severely
restricts a party's options with respect to the most crucial part of the
legal process, the trial on the merits.  


PURPOSE

 H.B. 949 provides that a party may object to a judge assigned to preside
over a trial regardless of whether the party did not object to the
assignment of the same judge to preside over a pretrial hearing or did
object to another judge assigned to preside over a pretrial hearing. 


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, Government Code, by amending subsections
(b) and (c) and adding subsection (e) to read as follows:  
 Currently, subsection (b) states that except for subsection (d), each
party to the case is only entitled to one objection under this section for
that case.  Subsection (b) is amended to read that except for subsection
(d) and subsection (e) as added by this Act, each party to the case is
only entitled to one objection under this section for that case. 
 Currently, subsection (c) reads that an objection under this section must
be filed before the first hearing or trial, including pretrial hearings,
over which the assigned judge is to preside.  Subsection (c) is amended to
provide an exception as specified in subsection (e) as added by this Act. 
 Subsection (e) provides that a party may object to a judge assigned to
preside over a trial regardless of whether the party did not object to the
assignment of the same judge to preside over a pretrial hearing or the
party objected to another judge assigned to preside over a pretrial
hearing in the case. 

 SECTION 2.  Application of act.

 SECTION 3.  Emergency clause.