HBA-LCA S.B. 1436 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1436
By: Duncan
Judicial Affairs
5/5/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, a judge must both hear a case and make a ruling in the
jurisdiction in which the case has been filed.  In rural areas, a judge may
sit in different counties during the week or month, causing parties wishing
to dispense with pretrial matters, or to have a judge sign an order, to
wait until the judge again sits in the county of jurisdiction. 

S.B 1436 authorizes a judge to address certain pretrial matters outside of
the county in which the suit was filed to expedite trial proceedings.
Unless a party to the trial objects, a judge may conduct judicial
proceedings other  than the trial itself in another county, including
hearing pretrial matters in a county other than the one in which the suit
was originally filed. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 
.
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 74.094, Government Code, by adding Subsection
(e), to authorize a judge who has jurisdiction over a suit pending in one
county to conduct judicial proceedings, except the trial on the merits, in
a different county, unless any party objects. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.