BILL ANALYSIS C.S.S.B. 1233 By: Rodrguez Judiciary & Civil Jurisprudence Committee Report (Substituted) 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, among others. C.S.S.B. 1233 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 C.S.S.B. 1233 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 a judge of a statutory county court or statutory probate county court in the court of appeals district and 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. COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE While C.S.S.B. 1233 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill. SENATE ENGROSSED HOUSE COMMITTEE SUBSTITUTE SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge. SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge. SECTION 2. (See below.) Section 22.221(b), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 2. (a) Section 22.221(b)(1), Government Code, as amended by this Act, applies only to a proceeding seeking a writ of mandamus filed in a court of appeals under Section 22.221, Government Code, on or after the effective date of this Act. A proceeding seeking a writ of mandamus filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. (b) Section 22.221(b)(3), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as engrossed version.
BILL ANALYSIS
# BILL ANALYSIS
C.S.S.B. 1233
By: Rodrguez
Judiciary & Civil Jurisprudence
Committee Report (Substituted)
C.S.S.B. 1233
By: Rodrguez
Judiciary & Civil Jurisprudence
Committee Report (Substituted)
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, among others. C.S.S.B. 1233 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 C.S.S.B. 1233 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 a judge of a statutory county court or statutory probate county court in the court of appeals district and 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.
COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE While C.S.S.B. 1233 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
SENATE ENGROSSED HOUSE COMMITTEE SUBSTITUTE SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge. SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge. SECTION 2. (See below.) Section 22.221(b), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 2. (a) Section 22.221(b)(1), Government Code, as amended by this Act, applies only to a proceeding seeking a writ of mandamus filed in a court of appeals under Section 22.221, Government Code, on or after the effective date of this Act. A proceeding seeking a writ of mandamus filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. (b) Section 22.221(b)(3), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as engrossed version. SENATE ENGROSSED HOUSE COMMITTEE SUBSTITUTE SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge. SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge. SECTION 2. (See below.) Section 22.221(b), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 2. (a) Section 22.221(b)(1), Government Code, as amended by this Act, applies only to a proceeding seeking a writ of mandamus filed in a court of appeals under Section 22.221, Government Code, on or after the effective date of this Act. A proceeding seeking a writ of mandamus filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. (b) Section 22.221(b)(3), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as engrossed version.
SENATE ENGROSSED HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge. SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge.
SECTION 2. (See below.) Section 22.221(b), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 2. (a) Section 22.221(b)(1), Government Code, as amended by this Act, applies only to a proceeding seeking a writ of mandamus filed in a court of appeals under Section 22.221, Government Code, on or after the effective date of this Act. A proceeding seeking a writ of mandamus filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. (b) Section 22.221(b)(3), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as engrossed version.
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, among others. C.S.S.B. 1233 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
C.S.S.B. 1233 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 a judge of a statutory county court or statutory probate county court in the court of appeals district and 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.
COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE
While C.S.S.B. 1233 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
SENATE ENGROSSED HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge. SECTION 1. Section 22.221(b), Government Code, is amended to read as follows: (b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]: (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; [or] (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge.
SECTION 2. (See below.) Section 22.221(b), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. SECTION 2. (a) Section 22.221(b)(1), Government Code, as amended by this Act, applies only to a proceeding seeking a writ of mandamus filed in a court of appeals under Section 22.221, Government Code, on or after the effective date of this Act. A proceeding seeking a writ of mandamus filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. (b) Section 22.221(b)(3), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as engrossed version.
SENATE ENGROSSED
HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Section 22.221(b), Government Code, is amended to read as follows:
(b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]:
(1) a judge of a district or county court in the court of appeals district; [or]
(2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or
(3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge.
SECTION 1. Section 22.221(b), Government Code, is amended to read as follows:
(b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against [a]:
(1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; [or]
(2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or
(3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge.
SECTION 2.
(See below.)
Section 22.221(b), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
SECTION 2.
(a) Section 22.221(b)(1), Government Code, as amended by this Act, applies only to a proceeding seeking a writ of mandamus filed in a court of appeals under Section 22.221, Government Code, on or after the effective date of this Act. A proceeding seeking a writ of mandamus filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
(b) Section 22.221(b)(3), Government Code, as amended by this Act, applies only to a suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, on or after the effective date of this Act. A suit filed under Chapter 45, Title 1, Title 4, or Title 5, Family Code, before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
SECTION 3. Same as engrossed version.