BILL ANALYSIS H.B. 1480 By: Thompson, Senfronia Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties contend that, while it is possible for an associate judge appointed under certain provisions of the Family Code to commit an abuse of discretion that would potentially be subject to a writ of mandamus if committed by a judge of a district or county court, the courts of appeals are not authorized to issue writs of mandamus against such associate judges. H.B. 1480 seeks to remedy this inconsistency. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1480 amends the Government Code to authorize each court of appeals for a court of appeals district to issue all writs of mandamus, agreeable to the principles of law regulating those writs, against an associate judge of a district or county court appointed by a judge under certain Family Code provisions in the court of appeals district for the judge who appointed the associate judge. EFFECTIVE DATE September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1480
By: Thompson, Senfronia
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 1480
By: Thompson, Senfronia
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties contend that, while it is possible for an associate judge appointed under certain provisions of the Family Code to commit an abuse of discretion that would potentially be subject to a writ of mandamus if committed by a judge of a district or county court, the courts of appeals are not authorized to issue writs of mandamus against such associate judges. H.B. 1480 seeks to remedy this inconsistency.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1480 amends the Government Code to authorize each court of appeals for a court of appeals district to issue all writs of mandamus, agreeable to the principles of law regulating those writs, against an associate judge of a district or county court appointed by a judge under certain Family Code provisions in the court of appeals district for the judge who appointed the associate judge.
EFFECTIVE DATE September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties contend that, while it is possible for an associate judge appointed under certain provisions of the Family Code to commit an abuse of discretion that would potentially be subject to a writ of mandamus if committed by a judge of a district or county court, the courts of appeals are not authorized to issue writs of mandamus against such associate judges. H.B. 1480 seeks to remedy this inconsistency.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1480 amends the Government Code to authorize each court of appeals for a court of appeals district to issue all writs of mandamus, agreeable to the principles of law regulating those writs, against an associate judge of a district or county court appointed by a judge under certain Family Code provisions in the court of appeals district for the judge who appointed the associate judge.
EFFECTIVE DATE
September 1, 2017.