SRC-BWC H.J.R. 60 77(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 60
By: Dunnam (Sponsor Unknown)
Jurisprudence
5/11/2001
Engrossed


DIGEST AND PURPOSE 

In 1988, the United States Congress passed the Judicial Improvements and
Access to Justice Act, which was designed to give the public, through
Congress, better input into federal court procedures.  In the past, Texas
courts have passed rules effecting substantive law at times when the
legislature has had no authority to review such rules and possible
intrusion of those rules on legislative functions. In an attempt to clarify
the judicial and legislative functions, H.J.R. 60 provides that the
legislature be given an opportunity to review court rules before the rules
become effective.  

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 31(c), Article V, Texas Constitution, to
authorize the legislature to delegate to the Texas Supreme Court or Court
of Criminal Appeals the power to promulgate such rules as may be prescribed
by law or this Constitution, subject to such limitations and procedures as
may be provided by law. 

SECTION 2.  Repealer:  Section 31(b), Article V, Texas Constitution.

SECTION 3.  Requires the proposed constitution amendment to be submitted to
the voters at an election to be held November 6, 2001.  Requires the ballot
to be printed to provide for voting for or against the proposition:  "The
constitutional amendment authorizing the legislative branch to exercise
more direct supervision of the rulemaking power of the Supreme Court of
Texas."