SRC-JBJ S.B. 1436 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1436
By: Duncan
Jurisprudence
7/27/1999
Enrolled


DIGEST 

Currently, a judge must hear a case and make a ruling in the jurisdiction
where the case is filed. Often, in rural areas, a judge may sit in
different counties during the week or month.  Therefore, parties desiring
to dispense with pretrial matters or have a judge sign an order must wait
until the judge returns to the county.  A change in law that authorizes the
judge to handle pretrial matters in a county in which the case is pending;
or a county in which there is pending a related case to which the pretrial
judge has been assigned, would expedite the trail process.  This bill
authorizes a judge to conduct any judicial proceedings, except the trial,
in a different county, unless objected to by a party.  S.B. 1436 authorizes
a judge to hear pretrial matters in a county other than the one in which
the suit is filed. 

PURPOSE

As enrolled, S.B. 1436 authorize a judge to hear pretrial matters in a
county other than the one in which the suit is filed. 

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 74.094, Government Code, by adding Subsections
(e) and (l), to authorize a judge who has jurisdiction over a suit pending
in one county to conduct any of the judicial proceedings, except the trial
on the merits, in a different county, unless objected to by any one party.
Authorizes a pretrial judge assigned to hear pretrial matters in related
cases under Rule 11, Texas Rules of Judicial Administration, to hold
pretrial proceedings and hearing, on pretrial matters for a case to which
the judge has been assigned in certain counties. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.