BILL ANALYSIS |
H.B. 2435 |
By: Phillips |
Judiciary & Civil Jurisprudence |
Committee Report (Unamended) |
BACKGROUND AND PURPOSE
A judge may order the referral of a case in civil or family law matters to a special judge for a non-jury trial by agreement of the parties. Currently, a trial referred to a special judge cannot be held in a public courtroom, and a public employee may not be involved in the trial during regular working hours. The ability to refer a case to a special judge allows for the efficient administration of justice by resolving cases that otherwise would have to wait to be decided by the sitting judge. Allowing a trial that has been referred to a special judge to occur in a public courtroom and allowing a public employee to be involved in the trial furthers the administration of justice by reducing a litigant's costs associated with the use of special judges, and by ensuring the security of the case file and those involved in the trial.
H.B. 2435 authorizes a trial by a special judge to be held in a public courtroom and a public employee to be involved in the trial during regular work hours if ordered by the judge who referred the case to the special judge.
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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.
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ANALYSIS
H.B. 2435 amends the Civil Practice and Remedies Code to authorize a trial by a special judge to be held in a public courtroom and a public employee to be involved in a civil or family law trial during regular work hours if ordered by the judge who referred the case to the special judge.
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EFFECTIVE DATE
September 1, 2009.
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