HBA-RAR H.B. 164 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 164
By: Chisum
Judicial Affairs
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law prohibits candidates for judicial office from stating
their position on any political issue.  H.B. 164 authorizes a candidate for
judicial office to discuss a general position on any political issue unless
a specific issue is pending before a court in which the candidate holds or
is seeking to hold office. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 34.001(a), Government Code, to provide that
Section 34.005 is an exception to the existing text. 

SECTION 2.  Amends Chapter 34, Government Code, by adding Section 34.005,
as follows: 

Sec. 34.005.  PUBLIC DISCUSSION OF POLITICAL ISSUES.  (a)  Authorizes a
candidate for a  judicial office listed in Section 34.001(b), Government
Code (Candidate Subject to Code), to discuss  the candidate's general
position on any political issue, regardless of the Code of Judicial
Conduct, but prohibits the candidate from discussing a specific matter
pending before the court in which the candidate holds or is seeking to hold
office or before a court from which an appeal may be had to a court in
which the candidate holds or is seeking to hold office. 

(b) Prohibits the Supreme Court of Texas from amending or adopting rules in
conflict with Subsection (a). 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.