SRC-BWC H.B. 538 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 538
77R752 JMG-DBy: Thompson (Wentworth)
Jurisprudence
4/11/2001
Engrossed


DIGEST AND PURPOSE 

Prior to September 1, 1999, a judge was required to hear the proceedings of
a case in the county in which the case was pending. Since a judge who sits
in different counties may not return to a county in which a case is pending
for extended periods of time, the parties involved in a case might have to
wait to have routine court matters resolved. In 1999, the governor signed
into law S.B. 1436, to authorize an active, former, or retired district or
statutory county court judge to hear judicial proceedings, except the trial
on the merits, in a county different from the one in which the suit is
pending, unless objected to by a party. Statutory probate judges were not
included among such judges.  As proposed, H.B. 538 authorizes an assigned
statutory probate court judge to conduct any proceedings, except the trial
on the merits, in a county different from the one in which the suit is
pending, unless a party objects.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.0022, Government Code, to authorize a judge
who has jurisdiction over a suit pending in one county to, unless a party
objects, conduct any of the judicial proceedings except the trial on the
merits in a different county. 

SECTION 2.  Effective date: September 1, 2001.