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.