HBA-BSM H.B. 2887 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2887
By: Gallego
Judicial Affairs
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

For over 125 years, the Attorney General of Texas has represented the state
in civil and criminal cases before the United States Supreme Court in which
the state has an interest.  That authority, though not expressly conferred
by statute, has been unchallenged since the adoption of the state
constitution in 1876. Currently, both local prosecutors and the state
prosecuting attorney represent the state in the appeal of Texas criminal
cases in the state courts.  Local prosecutors represent the state in state
courts of appeals in matters involving direct appeals and writs of habeas
corpus.  The state prosecuting attorney represents the state before the
Texas Court of Criminal Appeals in matters involving direct appeals and
writs of habeas corpus.  In the appeal of Texas criminal cases to the
federal courts, the attorney general represents the state in matters
involving writs of habeas corpus.  Texas law, however, does not address the
role of local prosecutors, the state prosecuting attorney , or the attorney
general in petition of writs of certiorari in the appeal of Texas criminal
cases to the United States Supreme Court. 

 Recently, the Texas Court of Criminal Appeals ordered the parties to brief
the issue of whether the attorney general has authority to represent the
state in criminal appeals before the United States Supreme Court.  House
Bill 2887 clarifies the law by explicitly conferring exclusive authority on
the attorney general to represent the state in all matters before the
United States Supreme Court. 

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. 

ANALYSIS

House Bill 2887 amends the Government Code to authorize the attorney
general to exclusively represent the state in all matters before the United
States Supreme Court after giving notice to and consulting with the
attorney representing a governmental entity. 

EFFECTIVE DATE

September 1, 2001.