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.