SRC-JJJ H.B. 509 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 509
76R2803 RJA-DBy: Hochberg (Ellis)
Intergovernmental Relations
5/11/1999
Engrossed


DIGEST 

Currently, Texas law does not allow a justice of the peace to issue
injunctions.  The 1st District Court in Harris County handed down a ruling
in November 1998 that interpreted Section 27.034, Government Code, to grant
injunctive power to justices of the peace because the section references
concurrent jurisdiction to allow deed restriction cases to be brought in
either a district court or a justice of the peace court.  When the original
law was passed in 1995, language in the bill that would have allowed
justices of the peace to issue injunctions was removed in a committee
substitute.  H.B. 509 prohibits a justice of the peace from granting a writ
of injunction under Section 27.034, Government Code. 
 
PURPOSE

As proposed, H.B. 509 establishes provisions regarding disputes concerning
enforcement of deed restrictions in justice court.   

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 27.034, Government Code, by adding Subsection
(j), to provide that nothing in this section authorizes a justice of the
peace to grant a writ of injunction. 

SECTION 2.  Provides that the purpose of this section is to clarify that
the authority that a justice of the peace is granted under Section 27.034,
Government Code, in a deed restriction dispute does not include the
authority to grant an injunction. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.