HBA-EDN, CBW H.B. 3000 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3000
By: Uresti
Judicial Affairs
6/13/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a magistrate in Bexar County was prohibited
from entering a ruling on any issue of the law or fact if that ruling could
result in a dismissal or require dismissal of a pending criminal
prosecution.  Judges may have been more predisposed to consider  cases that
have not been ruled on. Each year, thousands of dismissals are filed in
Bexar County that require the signature of a judge and a representative of
the state.  The large volume of dismissals filed could cause a backlog in
the system and may divert the attention of judges from engaging in
contested matters before the court.  Delegating the performance of such an
administrative task could help improve the flow of the judicial process.
House Bill 3000 deletes the provision which prohibits a magistrate from
entering a ruling on any issue of law or fact if that ruling could result
in dismissal or require dismissal of a pending criminal prosecution. 

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 3000 amends the Government Code to delete the provision that
prohibits a magistrate from entering a ruling on any issue of law or fact
if that ruling could result in dismissal or require dismissal of a pending
criminal prosecution, but that authorizes the magistrate to make findings,
conclusions, and recommendations on those issues. 

EFFECTIVE DATE

September 1, 2001.