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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.J.R. 22

80R4485 YDB-D                                                                                                               By: Hegar

                                                                                                                                      Jurisprudence

                                                                                                                                              3/1/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, a visiting judge of a district court may only conduct proceedings at the county seat of the county in which the case is pending, even if all parties are agreeable to a change of venue.  This restriction creates unneeded logistical and travel complications.

 

S.J.R. 22 proposes a constitutional amendment to authorize a visiting judge of a district court to conduct proceedings at the county seat of a county other than the county in which a case is pending if all the parties to the proceeding agree in writing and the district judge for the district court in which the case is pending approves the change of venue.

 

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 7, Article V, Texas Constitution, as follows:

 

Sec.  7.  (a)  Creates this subsection from existing text.

 

(b)  Creates this subsection from existing text.  Makes nonsubstantive changes.

 

(c)  Creates this subsection from existing text.  Makes a conforming change.

 

(d)  Authorizes a visiting judge for a district court to conduct proceedings at the county seat of a county other than the county in which a case is pending on the written agreement of all parties to the case and on approval of the district judge for the district court in which the case is pending.

 

(e)  Creates this subsection from existing text.

 

SECTION 2.  Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 6, 2007. Sets forth the required language for the ballot.