BILL ANALYSIS

 

 

 

H.B. 1427

By: Raymond

General Investigating & Ethics

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Concerns have been raised about requiring certain actions or proceedings to be heard outside of an original jurisdiction for what appears to be the convenience of state government and which at times needlessly inconveniences those Texas citizens who may be party to the actions or proceedings in question. Interested parties contend that many of the rules requiring these proceedings to be brought in Travis County may be unnecessary and serve no genuine purpose for the parties involved in the suits. H.B. 1427 seeks to address these concerns.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

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.

 

ANALYSIS

 

H.B. 1427 amends the Government Code to require the Sunset Advisory Commission to review state laws to identify each statute and state agency rule that requires an action or proceeding to be brought or considered in Travis County, a Travis County district or statutory county court, or the Court of Appeals for the Third Court of Appeals District. The bill requires the commission to make recommendations on whether the location of the action or proceeding in each identified statute or agency rule serves a legitimate state purpose, other than the convenience of the state agency, that supersedes the interests of persons required to travel to Travis County to attend or participate in the action or proceeding or whether the identified statute or agency rule should be revised to authorize an action or proceeding to be brought or considered in another county in Texas. The bill requires the commission to estimate any additional costs to the state that would be incurred in implementing this revision if the commission recommends authorization of the action or proceeding in another county.

 

H.B. 1427 requires the commission to prepare a report on the statutes and state agency rules identified and the recommendations made and costs determined and to post the report on the commission's website not later than December 1, 2016. The bill requires the commission to submit an electronic copy of the report to the governor, lieutenant governor, and the speaker of the house of representatives. The bill requires the Texas Legislative Council to assist the commission in identifying the statutes and state agency rules and requires the Legislative Budget Board to assist the commission in estimating any additional costs to the state that would be incurred in implementing the commission's recommendations. The bill's provisions expire September 1, 2017.

 

EFFECTIVE DATE

 

September 1, 2015.