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


Office of House Bill AnalysisH.B. 3000
By: Uresti
Judicial Affairs
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

In Bexar County, a magistrate is 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 be 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.