HBA-BSM H.J.R. 60 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 60
By: Dunnam
Judicial Affairs
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

In 1988, the United States Congress passed the Judicial Improvements and
Access to Justice Act, which was designed to give the public through
Congress better input in federal court procedures.  In the past, Texas
courts have passed rules effecting substantive law at times when the
legislature has had no authority to review such rules and possible
intrusion of those rules on legislative functions.  In an attempt to
clarify the judicial and legislative functions, House Joint Resolution 60
provides that the legislature be given an opportunity to review court rules
before the rules become effective. 

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 Joint Resolution 60 amends the Texas Constitution to authorize the
legislature to delegate to the Supreme Court or Court of Criminal Appeals
the power to promulgate all rules as may be described by law or the state
constitution. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.