SRC-JEC H.B. 2154 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2154
78R6829 DRH-DBy: Denny (Staples)
State Affairs
5/15/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, presiding judges of polling places and election
precincts, in performing their election-related duties, have powers
equivalent to those of a district judge, and a suit against an election
judge would correctly be filed in the court of appeals.  However, in
filing civil actions against election judges, many plaintiffs erroneously
file the action in a district court, causing delays and confusion.  H.B.
2154 amends the law to require a suit against an election judge to be
filed under the original jurisdiction of the court of appeals. 

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 32.075(c), Election Code, to provide that an
appeal of an order or other action of the presiding judge under this
section is made in the same manner as the appeal of an order or other
action of a district court in the county in which the polling place is
located. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.