HBA-BSM H.B. 2887 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2887 By: Gallego Judicial Affairs 3/26/2001 Introduced BACKGROUND AND PURPOSE For over 125 years, the Attorney General of Texas has represented the state in civil and criminal cases before the United States Supreme Court in which the state has an interest. That authority, though not expressly conferred by statute, has been unchallenged since the adoption of the state constitution in 1876. Currently, both local prosecutors and the state prosecuting attorney represent the state in the appeal of Texas criminal cases in the state courts. Local prosecutors represent the state in state courts of appeals in matters involving direct appeals and writs of habeas corpus. The state prosecuting attorney represents the state before the Texas Court of Criminal Appeals in matters involving direct appeals and writs of habeas corpus. In the appeal of Texas criminal cases to the federal courts, the attorney general represents the state in matters involving writs of habeas corpus. Texas law, however, does not address the role of local prosecutors, the state prosecuting attorney , or the attorney general in petition of writs of certiorari in the appeal of Texas criminal cases to the United States Supreme Court. Recently, the Texas Court of Criminal Appeals ordered the parties to brief the issue of whether the attorney general has authority to represent the state in criminal appeals before the United States Supreme Court. House Bill 2887 clarifies the law by explicitly conferring exclusive authority on the attorney general to represent the state in all matters before the United States Supreme Court. 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 2887 amends the Government Code to authorize the attorney general to exclusively represent the state in all matters before the United States Supreme Court after giving notice to and consulting with the attorney representing a governmental entity. EFFECTIVE DATE September 1, 2001.