H.B. No. 109
    1-1                                AN ACT
    1-2  relating to the election of a special district judge by the
    1-3  practicing lawyers of the court.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 24.003(d), Government Code, is repealed.
    1-6        SECTION 2.  Section 24.005, Government Code, is repealed.
    1-7        SECTION 3.  Section 24.115(f), Government Code, is repealed.
    1-8        SECTION 4.  Section 24.006(a), Government Code, is amended to
    1-9  read as follows:
   1-10        (a)  This section applies to payment of salary to:
   1-11              (1)  a special judge commissioned by the governor as
   1-12  provided by Article V, Section 11, of the Texas Constitution; and
   1-13              (2)  a special judge agreed on by the parties as
   1-14  provided by Section 24.004<; and>
   1-15              <(3)  a special judge elected by the practicing lawyers
   1-16  as provided by Section 24.005>.
   1-17        SECTION 5.  Section 24.112(f), Government Code, is amended to
   1-18  read as follows:
   1-19        (f)  The judge of each district court may take the same
   1-20  vacation as the other district court judges of Harris County at any
   1-21  time during the year.  During the judge's vacation, the court term
   1-22  remains open, and the judge of any other district court may hold
   1-23  court during the judge's vacation.  <The practicing lawyers of the
   1-24  court may not elect a special judge as provided by Section 24.005
    2-1  because of the absence of the judge on vacation unless another
    2-2  district court judge is not in the county.>  The judges of the
    2-3  district courts shall, by agreement among themselves, take their
    2-4  vacations alternately so that there are at all times at least six
    2-5  district court judges in the county.
    2-6        SECTION 6.  Section 24.139(i), Government Code, is amended to
    2-7  read as follows:
    2-8        (i)  The judge of each district court may take a vacation at
    2-9  any time during the year.  During a judge's vacation, the court
   2-10  term remains open, and the judge of any other district court may
   2-11  hold court during the judge's vacation.  <The practicing lawyers of
   2-12  the court may not elect a special judge because of the absence of
   2-13  the judge on vacation unless a Bexar County district judge is not
   2-14  present in the county.>  The judges of the district courts shall,
   2-15  by agreement among themselves, take their vacations so that there
   2-16  are district court judges in the county at all times.
   2-17        SECTION 7.  This Act applies only to the election of a
   2-18  special district judge on or after the effective date of this Act.
   2-19  The election of a special district judge as provided by Section
   2-20  24.003(d), 24.005, 24.112(f), or 24.115(f), Government Code, before
   2-21  the effective date of this Act is governed by the law as it existed
   2-22  at the time of the election, and that law is continued in effect
   2-23  for that purpose.  Unless otherwise removed, the special district
   2-24  judge continues to serve as special district judge during the
   2-25  absence, failure, or inability of the judge for whom the special
   2-26  district judge is serving.
   2-27        SECTION 8.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended,
    3-5  and that this Act take effect and be in force from and after its
    3-6  passage, and it is so enacted.