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


Office of House Bill AnalysisC.S.H.B. 2105
By: Dutton
Judicial Affairs
4/24/2001
Committee Report (Substituted)



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 .  C.S.H.B. 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
practice and procedure in civil actions. 

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

C.S.H.B. 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.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2105 modifies the original bill by removing the provision that
required the Texas Supreme Court (supreme court) to publish notice of a
meeting or hearing of any committee created by the supreme court.