SRC-BWC C.S.S.B. 1001 77(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1001
77R10734 JMC-DBy: Zaffirini
Jurisprudence
4/10/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Often, district court dockets are very full, causing cases not to be heard
until late in the day or to be postponed.  District judges appointed to
these cases must first locate available courtroom space in a county and
cases may take many months to be heard and resolved.  A civil or criminal
case in which a party to the case is confined in a correctional facility
requires the Texas Department of Criminal Justice to transport the inmate
to the courtroom in the county in which the complaint was filed.  A hearing
which does not involve a jury and in which a plea is taken may easily and
effectively be held inside a correctional facility, ensuring a controlled
environment for the inmate and correctional officer.  C.S.S.B. 1001 amends
the Government Code to allow a district judge to hear a nonjury matter
relating to a civil or criminal case at a correctional facility if a party
to the case or criminal defendant is confined in the correctional facility.

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 24.012, Government Code, by adding Subsection
(e) to authorize a district judge to hear a nonjury matter relating to a
civil or criminal case at a correctional facility in the county in which
the case is filed or prosecuted if a party to the case or the criminal
defendant is confined in the correctional facility.  Defines "correctional
facility." 

SECTION 2.  Effective date: September 1, 2001.  Provides that this Act
applies to a civil or criminal case, regardless of whether the case was
filed or commenced before, on, or after that date. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from As Filed version by adding the word "nonjury" when
referring to matters that a district judge can hear. 

SECTION 2.  Differs from As Filed version by adding new language to clarify
the application of this Act.