PMJ H.J.R. 55 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.J.R. 55
By: Dutton
3-5-97
Committee Report (Unamended)



BACKGROUND 

 Presently a claimant may go to trial and have a judgement rendered.  This
judgment may be appealed to an a appellate court and affirmed by the
court.  Application for writ of error can then be filed with the Supreme
Court of Texas.  This application can  be accepted or denied.  Upon
denial, within the requisite 15 days of Rule 134 of the Texas Rules of
Appellate Procedure, a motion for rehearing of the Court's denial of the
application can be made.   
 Currently the law does not require the  the Supreme Court to take action
within a certain time frame on the motion for rehearing.  The result has
been that no action has been taken by the Court in some cases for more
than two-and-a-half years.  


PURPOSE

 HJR 55 provides that if the Supreme Court does not act on a motion for
rehearing before the 180th day after the date on which the motion is
filed, the motion is denied. 


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 adds a new Subsection (d) to Section 31, Article V of the Texas
Constitution to provide that if the supreme court does not act on a motion
for rehearing before the 180th day after the date on which the motion is
filed, the motion is denied. 

 SECTION 2.  Ballot date.  Ballot wording.