HBA-CBW H.B. 1451 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1451
By: Dunnam
Judicial Affairs
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Under the Texas Constitution, the Supreme Court of Texas (supreme court)
has responsibility for the efficient administration of the judicial branch
and is required to promulgate rules of administration, as well as rules of
civil procedure for all courts, not inconsistent with the laws of the state
as may be necessary for the efficient and uniform administration of justice
in the various courts.  Furthermore, the supreme court and the Texas Court
of Criminal Appeals (appeals court) have the express authority to
promulgate other rules as may be prescribed by law, the constitution, or
legislative delegation. Currently, the supreme court or the appeals court
may promulgate rules at any time; therefore, rules may be promulgated at a
time which escapes legislative review.  House Bill 1451 provides procedures
for the supreme court and appeals court to follow when exercising
rulemaking authority, including notification, open meetings, public
information, and fiscal note requirements for each proposed  rule or
amendment to a rule. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Supreme Court of Texas and the
Texas Court of Criminal Appeals in SECTION 2 (Section 22.353, Government
Code) of this bill. 

ANALYSIS

House Bill 1451 amends the Government Code to prohibit the Supreme Court of
Texas (supreme court) and the Texas Court of Criminal Appeals (appeals
court) from issuing a rule or an amendment to a rule relating to the
procedure of the court, rules of civil procedure, rules of appellate
procedure in criminal cases, or rules of evidence in criminal cases unless
the court meets the requirements in the Act.   

The bill requires the supreme court and appeals court (the courts) to
transmit to the legislature a copy of a proposed rule or an amendment to an
existing rule not later than the 30th day after the date of commencement of
each regular legislative session and prohibits a rule or an amendment
transmitted to the legislature from taking effect earlier than the 90th day
after the date of adjournment of the legislature for the session in which
the rule or amendment is transmitted. 

The bill authorizes either of the courts to adopt a rule or an amendment to
a rule without following the procedures in the Act if a court finds that
the rule or the amendment is necessary for the proper administration of
justice.  If either of the courts adopt a rule or an amendment to a rule,
the bill requires the adopting or amending court to publish an opinion
stating the specific reasons that the court is unable to follow the
rulemaking procedures and to transmit to the legislature a copy of a rule
or an amendment to a rule that is adopted. 

The bill provides that  a committee, task force, or other group appointed
by either of the courts to discuss, examine, or recommend a rule or an
amendment to a rule is subject to the open meetings law and the public
information law. The bill requires the courts to prepare a fiscal note for
a rule or an amendment to a rule transmitted to the legislature outlining
the fiscal implications and probable cost of the measure, and provides the
information that must be contained in such a fiscal note.  At the request
of either of the courts, the bill  requires the comptroller of public
accounts to assist in the preparation of the economic impact statement.  
Not later than the 15th day after the date a proposed rule or an amendment
to an existing rule is transmitted to the legislature, the bill requires
the Office of Court Administration (office)  to develop and compile an
opinion poll on the rule or the amendment to a rule of appeals court
judges, district judges, county judges, statutory county court judges, and
statutory probate court judges.  The bill requires the office to report the
results of the opinion poll not later than the 75th day after the date of
commencement of the regular legislative session. 

The bill authorizes the supreme court to promulgate a specific rule or
rules of civil procedure or an amendment or amendments to a specific rule
or rules for all courts not inconsistent with the laws of the state as may
be necessary for the efficient and uniform administration of justice in the
various courts.   

The bill removes the provision that requires the secretary of state to
report the rules or amendments to rules to the next regular session of the
legislature. 

EFFECTIVE DATE

September 1, 2001.