HBA-JRA S.B. 265 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 265
By: Duncan
Public Health
5/8/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law does not allow a trial judge to sit on the appellate bench.
S.B. 265 authorizes the chief justice of a court of appeals to assign a
district court judge, on a temporary basis, to sit on a court of appeals in
which the judge's district is located. 

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 Subchapter C, Chapter 22, Government Code, by adding
Section 22.229, as follows: 

Sec. 22.229.  TEMPORARY ASSIGNMENT OF DISTRICT JUDGE TO COURT OF APPEALS.
Authorizes the chief justice of a court of appeals to assign a district
court judge to sit on a court of appeals in which the judge's district is
located.  Provides that a judge must meet the qualifications for a justice
of a court of appeals and be an active judge of a district court to be
eligible for assignment.  Prohibits a district court judge from being
assigned to a court of appeals for than 20 cases in a year and from
receiving additional compensation for the judge's service on the court of
appeals, but entitles the judge to reimbursement of travel expenses.
Provides that such a district court judge has all the powers of a justice
of a court of appeals during the district court judge's assignment. 

SECTION 2.Emergency clause.
  Effective date: upon passage.