HBA-KMH H.J.R. 54 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 54 By: Dunnam Judicial Affairs 3/24/1999 Introduced BACKGROUND AND PURPOSE In 1988, the U.S. Congress passed the "Judicial Improvements and Access to Justice Act," Public Law 100-702, (28 U.S.C.A. 1, et seq.), (JIAJA), which addressed rulemaking by individual courts as well as the general rulemaking power of the U.S. Supreme Court and the procedures authorized in its exercise. Previously, the U.S. Supreme Court was empowered to promulgate the general rules that govern practice and procedure in the federal courts (including such compilations as the Federal Rules of Civil Procedure) and prescribing the method of their promulgation. The JIAJA repealed and replaced this authority. While the U.S. Supreme Court's rulemaking power continues, it has been modified by providing for closer public and congressional scrutiny. The U.S. House of Representatives attempted to concurrently remove the supersession clause, which provides that all laws in conflict with such rules shall be of no further force or effect after such rules have taken effect, as "unwise and unconstitutional" but the U.S. Senate would not agree and JIAJA passed without that revision. Currently, under the Texas Constitution of 1876 (constitution), the Supreme Court of Texas has responsibility for the efficient administration of the judicial branch and is required to promulgate rules of administration, as well as rules of civil procedure for all courts, not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. Furthermore, the Supreme Court of Texas and the Texas Court of Criminal Appeals have express authority to promulgate other rules as may be prescribed by law or the constitution that may be delegated by the legislature and subject to limitations and procedures that may be provided by law. There is no proscription as to when the Supreme Court of Texas or the Texas Court of Criminal Appeals must promulgate rules, therefore they can be, and sometimes are, promulgated at a time which escapes review by the legislature. As proposed, H.J.R. 54 requires the submission to the voters of a constitutional amendment which would repeal the constitutional authority of the Supreme Court of Texas to promulgate rules of civil procedure for all courts, and delete language which provides express authority to the Supreme Court of Texas and the Texas Court of Criminal Appeals to promulgate other rules as may be prescribed by law or the Texas Constitution as may be delegated by the legislature. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to Supreme Court of Texas and the Texas Court of Criminal Appeals is modified in SECTION 1 and 2 (Section 31(b) and (c), Article V, Texas Constitution) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31(c), Article V, Texas Constitution, as follows: (c) Grants to the legislature the authority to delegate rulemaking authority to the Supreme Court or Court of Criminal Appeals, with respect to any rules prescribed by law or the Texas Constitution, by delegating the qualifying word "other." SECTION 2. (b) Repealer: Section 31(b), Article V, Texas Constitution. (The Supreme Court shall promulgate rules of civil procedure for all courts not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts.) SECTION 3. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.