HBA-RBT, LCA C.S.S.B. 1436 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1436 By: Duncan Judicial Affairs 5/22/1999 Committee Report (Substituted) 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. C.S.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. This bill authorizes a pretrial judge to hold pretrial proceedings on pretrial matters for certain cases. 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 Subsections (e) and (f), as follows: (e) Authorizes 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. (f) Authorizes a pretrial judge assigned to hear pretrial matters in related cases under Rule 11, Texas Rules of Judicial Administration, to hold pretrial proceedings and hearings on pretrial matters for a case to which the judge has been assigned in the county in which the case is pending or a county in which there is pending a related case to which the pretrial judge has ben assigned. SECTION 2. (a) Effective date: September 1, 1999. (b) Makes application of Subsection (e) of this Act prospective regarding pending suits. (f) Makes application of Subsection (f) of this Act prospective regarding pending suits. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original by adding Subsection (f) to Section 74.094, Government Code, in SECTION 1 of the substitute. For a more complete analysis of this subsection please see the Section-by-Section Analysis portion of this document. The substitute differs from the original in SECTION 2 (prospective clause) by adding new subsections concerning the respective effective dates of new Sections 74.094(e) and (f).