BILL ANALYSIS Judicial Affairs Committee By: Thompson March 21, 1995 Committee Report (unamended) BACKGROUND Former and retired statutory probate court judges are not currently eligible to serve as an assigned judge in a different type of court. Statutory probate judges are required to meet higher qualifications before election than district or statutory county court judges (by specific statute relating to each probate court not by general provision). By rule, statutory probate judges are also required to complete more judicial continuing education than other judges. In many jurisdictions, an increasing number of judges who are eligible for assignment are needed. PURPOSE This bill permits former and retired statutory probate court judges to serve as assigned judges, and makes conforming changes concerning length of service, powers and duties, compensation, per diem and mileage. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1 amends Section 74.054(a), Government Code, to add retired or former statutory probate judges to the list of judges eligible to serve as an assigned judge. SECTION 2 adds a new Section 74.054(d), Government Code, to allow retired statutory probate judges to be assigned under Section 74.054, Government Code, or under Section 25.0022, Government Code. SECTION 3 amends Section 74.055(c), Government Code, to add retired or former statutory probate judges to the list of persons eligible for assignment and to require such judges to meet the necessary prerequisites, including 48 months experience in their courts, and annual continuing education, to conform with changes made in Section 1 of this bill. SECTION 4 amends Section 74.059(c) of the Government Code to add assigned statutory probate judges to the list of assigned judges given special statutory powers and duties, to conform with changes made in Section 1 of this bill. SECTION 5 amends Section 74.061(e) and (f), Government Code, to add statutory probate judges who have been assigned to the list of assigned judges entitled to actual expenses and per diem compensation, to conform with changes made in Section 1 of this bill. SECTION 6 amends Section 25.0022(w), Government Code, to provide that Chapter 74, Government Code, does not apply to the assignment of statutory probate judges under Section 25.0022, Government Code. Chapter 74, Government Code, is the Court Administration Act, which covers all courts other than statutory probate courts. Section 25.0022, Government Code, which only relates to the assignment of visiting probate judges, covers the same type of concerns relating to the assignment of judges. SECTION 7. Emergency clause. Effective date. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted March 15, 1995, in accordance with House rules, the Committee on Judicial Affairs met in a public hearing on March 21, 1995, to consider House Bill 672. The Chair laid out H.B. 672 and recognized the author, Rep. Thompson, to explain the bill. The Honorable Guy Herman, judge for Travis County statutory county Probate Court Number 1, testified for the bill. There were no other witnesses. Rep. Alonzo moved to report H.B. 672 back to the full House favorably, without amendment, with the recommendation that it do pass, be printed and sent to the Committee on Calendars. The motion prevailed by the following record vote: 6 ayes, 0 nays, 0 PNV and 3 absent.