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 Section 24.003(d), Government Code, is repealed.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 Section 24.005, Government Code, is repealed.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 Section 24.115(f), Government Code, is repealed.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.