SRC-VRA H.B. 3386 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3386
78R11859 SLO-DBy: Hartnett (Averitt)
Jurisprudence
5/9/2003
Engrossed


BACKGROUND AND PURPOSE 

There are several situations in which a district judge may need to conduct
proceedings in a case outside the county in which the case is pending.
This most often occurs in either mass-tort cases involving multiple
plaintiffs in multiple counties, or in visiting judge situations where the
visiting judge hears a case in one county but resides in another.  In
these latter instances, the parties often consent to hearing by telephone
or to allowing the judge to sign required documents in his or her county
of residence rather than incur additional travel costs.   

The current rules in such situations are unclear.  H.B. 3386 permits the
Texas Supreme Court to adopt rules regarding the conducting of proceedings
under Rule 11, Rules of Judicial Administration, by a district court
outside the county in which the case is pending. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Supreme Court of Texas in
Section 1 (Section 74.024(c), Government Code) of this bill.  


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 74.024(c), Government Code, to authorize the
supreme court to consider the adoption of rules relating to the conducting
of proceedings under Rule 11, Rules of Judicial Administration, by a
district court outside the county in which the case is pending. 

SECTION 2.  Makes application of Section 74.024(c), Government Code, as
amended by this Act, prospective to September 1, 2003.  

SECTION 3.  Effective date:  September 1, 2003.