PMWJ H.B. 2297 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 2297 By: Gallego 4-16-97 Committee Report (Amended) BACKGROUND The Texas Judicial Council was created in 1929 by the 41st Legislature. The council was created for the continuous study of and report on the organization, rules, procedure and practice of the Texas judicial system. The council has historically been the collector of comprehensive statewide statistics on the operation of the Texas courts. PURPOSE The purpose of House Bill 2297 is to make the Texas Judicial Council more effective, with additional membership. 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 71 of the Government Code, Sec. 71.001, by renaming the president of the judicial council as "chair". SECTION 2 amends Sec. 71.011 by increasing the number of ex-officio members (currently 10) to 16 and reducing the number of appointed members (currently nine) to six. SECTION 3 amends Sec. 71.012 by adding two senators who are appointed by the Lieutenant Governor and two members of the House of Representatives appointed by the Speaker of the House. It removes the current and past chairs of the Senate Jurisprudence Committee and the current and past chairs of the House Judiciary Committee as ex officio members. It also provides for the Chief Justice of the Supreme Court to make the following appointments: two justices of the courts of appeals two district judges two judges of county courts, statutory county courts, or statutory probate courts two judges of the peace two municipal court judges. SECTION 4 amends Sec. 71.013(b) by setting the terms of service for the appointed members and Subsec. (c) is amended to make the terms of service for members of the legislature at the pleasure of the appointing authority. SECTION 5 amends Sec. 71.014, by allowing the chief justice of the supreme court to appoint the six citizen members of the council. Three of the six citizen members must be members of the State Bar of Texas. SECTION 6 amends Sec. 71.015(a) and (b) by requiring staggered six year terms of service for two (instead of three) of the citizen members. It also allows the chief justice of the supreme court (instead of the governor) to fill the unexpired terms of vacancies of the citizen members. SECTION 7 amends Sec. 71.017 by requiring a quorum to be eleven (instead of five) members of the council. SECTION 8 amends Sec. 71.018 (a) and (d). Subsec. (a) provides for the chief justice of the supreme court to serve as chair of the council, and the presiding judge of the court of criminal appeals to serve as the vice chair. The other officers are elected by the council membership. Subsec. (d) provides for the chair to appoint committees for two year terms. SECTION 9 amends Sec. 71.020(d) by requiring the authorization of the chair or vice-chair before any expenses incurred by the council are paid. SECTION 10 amends Sec. 71.035(d) by requiring a written request with the signature of the chair or at least 11 members of the council before the attorney general may file and prosecute an action for mandamus on behalf of the council. SECTION 11 provides for the terms of office for the members of the council. SECTION 12. Effective date. SECTION 13. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 amends Section 3 of the bill (Section 71.012 of the Government Code [Ex Officio Members]) to retain the chairs of the Senate Jurisprudence and the House Judicial Affairs committees as ex officio members of the Judicial Council and to reduce the legislator appointments from two to one each by the lieutenant governor and speaker of the house.