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.