C.S.H.B. 3386 78(R)    BILL ANALYSIS


C.S.H.B. 3386
By: Hartnett
Judicial Affairs
Committee Report (Substituted)



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.  C.S.H.B. 3386 permits
the 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

It is the committee's opinion that rulemaking authority is expressly
granted to the Supreme Court of Texas in Section 1 (Section 74.024(c),
Government Code) of this bill.  

ANALYSIS

C.S.H.B. 3386 amends the Government Code to provide that the supreme court
may 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 a case is pending. 

EFFECTIVE DATE

September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute changes the scope to the conducting of proceedings under
Rule 11, Rules of Judicial Administration.