HBA-NMO S.B. 1125 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 1125
By: Armbrister
Criminal Jurisprudence
5/10/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

The Civil Practice and Remedies Code authorizes a court to refer a pending
dispute for resolution by an alternative dispute resolution procedure.
S.B. 1125 prohibits a court from ordering the state or any of its
prosecuting attorneys to participate in mediation, dispute resolution,
arbitration, or other similar procedures in relation to a felony criminal
prosecution unless upon written consent of the state. 

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 Article 26.13, Code of Criminal Procedure, by adding
Subsection (h), as follows: 

(h) Prohibits a court from ordering the state or any of its prosecuting
attorneys to participate in mediation, dispute resolution, arbitration, or
other similar procedures in relation to a felony criminal prosecution
unless upon written consent of the state. 

SECTION 2.Emergency clause.
  Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment #1

SECTION 1.  Amends proposed Article 26.13(h) to prohibit a court from
ordering the state or any of its prosecuting attorneys to participate in
mediation, dispute resolution, arbitration, or other similar procedures in
relation to a criminal prosecution, rather than a felony criminal
prosecution, unless upon written consent of the state.