H.B. 1498 78(R)    BILL ANALYSIS


H.B. 1498
By: Rodriguez
Judicial Affairs
Committee Report (Amended)



BACKGROUND AND PURPOSE 

The Texas Supreme Court has discretion whether to  hear a petition for
review or an application for writ of error. Under existing rules, four
justices must vote grant an application for a writ of error, and five must
vote to grant leave to file a writ of mandamus.  Currently, the supreme
court is not required to disclose how each justice voted on whether to
hear a case, although individual justices may disclose their own votes if
they choose.   

The supreme court receives about 1,200 petitions annually, and hears
roughly 10% of these.  Some parties believe that the supreme court would
choose to hear certain other cases if votes regarding whether to hear such
cases were made public.  H.B. 1498 requires the disclosure of each
justice's vote on petitions for review or applications for writs of error. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 1498 amends the Government Code to provide that in an order granting
or denying a petition for review or application for writ of error, the
supreme court shall state how each member voted on the petition or
application.  

EFFECTIVE DATE

September 1, 2003.


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 provides that in an order granting, refusing,
dismissing, or denying a petition for review or application for writ of
error, the supreme court shall state how each member voted on the petition
or application.