1-1 By: Puente (Senate Sponsor - Luna) H.B. No. 109
1-2 (In the Senate - Received from the House March 30, 1993;
1-3 March 31, 1993, read first time and referred to Committee on
1-4 Jurisprudence; April 13, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; April 13, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the election of a special district judge by the
1-18 practicing lawyers of the court.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 24.003(d), Government Code, is repealed.
1-21 SECTION 2. Section 24.005, Government Code, is repealed.
1-22 SECTION 3. Section 24.115(f), Government Code, is repealed.
1-23 SECTION 4. Section 24.006(a), Government Code, is amended to
1-24 read as follows:
1-25 (a) This section applies to payment of salary to:
1-26 (1) a special judge commissioned by the governor as
1-27 provided by Article V, Section 11, of the Texas Constitution; and
1-28 (2) a special judge agreed on by the parties as
1-29 provided by Section 24.004<; and>
1-30 <(3) a special judge elected by the practicing lawyers
1-31 as provided by Section 24.005>.
1-32 SECTION 5. Section 24.112(f), Government Code, is amended to
1-33 read as follows:
1-34 (f) The judge of each district court may take the same
1-35 vacation as the other district court judges of Harris County at any
1-36 time during the year. During the judge's vacation, the court term
1-37 remains open, and the judge of any other district court may hold
1-38 court during the judge's vacation. <The practicing lawyers of the
1-39 court may not elect a special judge as provided by Section 24.005
1-40 because of the absence of the judge on vacation unless another
1-41 district court judge is not in the county.> The judges of the
1-42 district courts shall, by agreement among themselves, take their
1-43 vacations alternately so that there are at all times at least six
1-44 district court judges in the county.
1-45 SECTION 6. Section 24.139(i), Government Code, is amended to
1-46 read as follows:
1-47 (i) The judge of each district court may take a vacation at
1-48 any time during the year. During a judge's vacation, the court
1-49 term remains open, and the judge of any other district court may
1-50 hold court during the judge's vacation. <The practicing lawyers of
1-51 the court may not elect a special judge because of the absence of
1-52 the judge on vacation unless a Bexar County district judge is not
1-53 present in the county.> The judges of the district courts shall,
1-54 by agreement among themselves, take their vacations so that there
1-55 are district court judges in the county at all times.
1-56 SECTION 7. This Act applies only to the election of a
1-57 special district judge on or after the effective date of this Act.
1-58 The election of a special district judge as provided by Section
1-59 24.003(d), 24.005, 24.112(f), or 24.115(f), Government Code, before
1-60 the effective date of this Act is governed by the law as it existed
1-61 at the time of the election, and that law is continued in effect
1-62 for that purpose. Unless otherwise removed, the special district
1-63 judge continues to serve as special district judge during the
1-64 absence, failure, or inability of the judge for whom the special
1-65 district judge is serving.
1-66 SECTION 8. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.
2-5 * * * * *
2-6 Austin,
2-7 Texas
2-8 April 13, 1993
2-9 Hon. Bob Bullock
2-10 President of the Senate
2-11 Sir:
2-12 We, your Committee on Jurisprudence to which was referred H.B.
2-13 No. 109, have had the same under consideration, and I am instructed
2-14 to report it back to the Senate with the recommendation that it do
2-15 pass and be printed.
2-16 Henderson,
2-17 Chairman
2-18 * * * * *
2-19 WITNESSES
2-20 FOR AGAINST ON
2-21 ___________________________________________________________________
2-22 Name: Andy Mireles x
2-23 Representing: Self
2-24 City: San Antonio
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