SRC-MAX S.B. 129 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 129
By: Nixon
Jurisprudence
1-17-97
As Filed


DIGEST 

Currently, an attorney may not appear in a professional capacity before a
judge or justice in a civil case if the attorney is related to the judge
or justice in the first degree of consanguinity, which includes parental
and sibling relationships as determined by Chapter 573, Government Code.
S.B. 129 prohibits certain affinity or consanguinity relationships with
respect to criminal cases.  This bill also changes the degree of relation
by affinity or consanguinity to the third degree rather than the first. 

PURPOSE

As proposed, S.B. 129 prohibits certain relationships with respect to the
appearance of an attorney in civil and criminal cases.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 82.066, Government Code, to prohibit an attorney
from appearing before a judge or justice in a civil or criminal case if
the attorney is related to the judge or justice by affinity or
consanguinity within the third degree, rather than the first degree, as
determined by Chapter 573, Government Code. 

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.