HBA-AMW, SEP H.B. 538 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 538
By: Thompson
Judicial Affairs
6/14/2001
Enrolled



BACKGROUND 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 Senate Bill 1436, which authorizes 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.  House Bill 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

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. 

ANALYSIS

House Bill 538 amends the Government Code to authorize an assigned
statutory probate court judge who has jurisdiction over a suit pending in
one county, unless a party objects, to conduct any of the judicial
proceedings except the trial on the merits in a different county. 

EFFECTIVE DATE

September 1, 2001.