By Yarbrough H.B. No. 1138
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the term of office of a municipal judge.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 29.005, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 29.005. Term of Office. (a) The judge of a municipal
1-7 court serves for a term of office of two years unless the
1-8 municipality provides for a longer term pursuant to Article XI,
1-9 Section 11, of the Texas Constitution.
1-10 (b) In a municipality that does not by charter or ordinance
1-11 specify the date on which the term of a municipal judge begins,
1-12 including a municipality that by charter or ordinance provides that
1-13 a municipal judge serves at the pleasure of the mayor, the
1-14 governing body, or both, the term of a municipal judge begins on
1-15 the date a person takes the oath of office as municipal judge.
1-16 Section 29.011 does not apply to a vacancy in the office of a
1-17 municipal judge covered by this subsection, and a new term of
1-18 office begins when a new judge takes the oath of office following
1-19 the vacancy. A municipal judge covered by this subsection may
1-20 continue in office after the end of the judge's term for not more
1-21 than 90 days or until a successor is selected and qualified,
1-22 whichever occurs first.
1-23 SECTION 2. Section 30.486, Government Code, is amended by
1-24 amending Subsection (b) and adding Subsection (i) to read as
2-1 follows:
2-2 (b) The governing body of the city shall provide by charter
2-3 or by ordinance for the term of office of its municipal judges.
2-4 The term must be for a definite term of not less than two nor more
2-5 than four years, the duration of which within these limits shall be
2-6 determined pursuant to <by charter, ordinance, or the method
2-7 prescribed by> Article XI, Section 11, of the Texas Constitution.
2-8 If the city does not specify the duration of the term, the term is
2-9 a two-year term. A municipal judge may continue in office after
2-10 the end of the judge's term for not more than 90 days or until his
2-11 successor is selected and qualified, whichever occurs first.
2-12 (i) In a city that does not by charter or ordinance specify
2-13 the date on which the term of a municipal judge begins, including a
2-14 city that by charter or ordinance provides that a municipal judge
2-15 serves at the pleasure of the mayor, the governing body, or both,
2-16 the term of a municipal judge begins on the date a person takes the
2-17 oath of office as municipal judge. Section 30.487(a) does not
2-18 apply to a vacancy in the office of a municipal judge covered by
2-19 this subsection, and a new term of office begins when a new judge
2-20 takes the oath of office following the vacancy.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.