HBA-KDB H.B. 1185 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1185
By: Goolsby
Criminal Jurisprudence
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

There is concern that sections of the Code of Criminal Procedure are not
updated to allow the Court of Criminal Appeals of Texas (court) to
promulgate rules of criminal procedure.  It is felt that if the court had
exclusive authority to promulgate such rules, then the court would be able
to conduct its day-to-day affairs in a more timely and efficient manner.
House Bill 1185 authorizes the court to  promulgate a comprehensive body of
rules of  procedure in the trials of criminal cases and repeal the Code of
Criminal Procedure on the date the court files a copy of a comprehensive
body of rules of  procedure in criminal cases with the secretary of state. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Court of Criminal Appeals in
SECTION 1 (Section 22.111, Government Code) of this bill. 

ANALYSIS

House Bill 1185 amends the Government Code to authorize the Court of
Criminal Appeals of Texas (court) to promulgate a comprehensive body of
rules of procedure  in the trials of criminal cases (rules) and from time
to time to promulgate a specific rule or rules or an amendment or
amendments to a specific rule or rules.  The bill provides the court of
criminal appeals with full rulemaking power in the promulgation of rules.
The bill requires that the rules be published in the Texas Register and in
the Texas Bar Journal.  The bill authorizes the court to adopt the method
it considers expedient for the printing and distribution of the rules.  

H.B. 1185 repeals the Code of Criminal Procedure on the date a copy of a
comprehensive body of rules is filed by the court with the secretary of
state. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.