HBA-GUM, JRA, ATS H.B. 509 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 509
By: Hochberg
Judicial Affairs
6/21/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the law did not allow a justice of the
peace to issue injunctions. The 1st District Court in Harris County handed
down a ruling in November 1998 that interpreted Section 27.034 (Deed
Restriction Jurisdiction), Government Code, to grant injunctive power to
justices of the peace because the section references concurrent
jurisdiction to allow deed restriction cases to be brought in either a
district court or a justice of the peace court.  When the original law was
passed in 1995, language in the bill that would have allowed justices of
the peace to issue injunctions was removed in a committee substitute.  H.B.
509 specifically prohibits a justice of the peace from granting a writ of
injunction under Section 27.034, Government Code. 

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 27.034, Government Code, by adding Subsection
(j) to establish that nothing in that section (Deed Restriction
Jurisdiction) authorizes a justice of the peace to grant a writ of
injunction. 

SECTION 2.  States that the purpose of the legislation is to clarify that
the authority that a justice of the peace is granted under Section 27.034
in a deed restriction dispute does not include the authority to grant an
injunction. 

SECTION 3.  Emergency clause.
            Effective date: upon passage.