HBA-KDB H.B. 2105 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2105
By: Dutton
Judicial Affairs
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Supreme Court appointed a Supreme Court Advisory Committee (SCAC)
to recommend Rules of Civil Procedure upon passage of the Rules of Practice
Act.  The SCAC's meetings are open to the public which are held at the
State Bar of Texas center in Austin.  However, much of the public may not
be able to attend the meetings and will not be able to gather information
on any new rules or revisions to rules. There is concern that there are
potential deficiencies in the ability of the public to access information
relating to SCAC and its revisions to procedural rules .  House Bill 2105
requires the Texas Supreme Court to adopt rules governing the meetings and
hearings of any committee created by the supreme court to advise the
supreme court on the language and implementation of rules governing all
practices and procedures relevant to civil actions before the court. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Supreme Court in SECTION 1
(Section 22.020, Government Code) and SECTION 2 of this bill. 

ANALYSIS

House Bill 2105 amends the Government Code to require the Texas Supreme
Court (supreme court) to adopt rules of order, by December 1, 2001,
governing the meetings and hearings of any committee  created by the
supreme court to advise the supreme court on the language and
implementation of rules governing practice and procedure in civil actions.
Open meetings and public information laws apply to such a committee.  The
bill requires the supreme court, at least 72 hours before the scheduled
time of a meeting, hearing, or subcommittee meeting of such a advisory
committee, to publish notice of the meeting or hearing in the Texas
Register, in the Texas Bar Journal, on the supreme court's website, and on
the official posting boards located in the State Capitol and the Capitol
Extension. 

EFFECTIVE DATE

September 1, 2001.