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


Senate Research CenterC.S.S.B. 1436
By: Duncan
Jurisprudence
4/14/1999
Committee Report (Substituted)


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 away from the original county would
expedite the trial process.  This bill authorizes a judge to conduct any
judicial proceedings, except the trial, in a different county, unless
objected to by a party.  C.S.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 proposed, C.S.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 Subsection
(e), 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. 

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

SECTION 3.Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends proposed Section 74.094, Government Code, to authorize a judge to
conduct any judicial proceeding, except the trial on the merits, in a
different county, rather than to authorize the judge to hear pretrial
matters in a different county, unless objected to by any party.