BILL ANALYSIS H.B. 759 By: Thompson 4-11-95 Committee Report (Unamended) BACKGROUND Currently there are two types of administrative judges for the state's district courts. The Government Code allows a retired district judge to serve as a regional administrative judge . No similar provision exists to allow a retired judge to serve as a local administrative judge. PURPOSE The purpose of this bill is to allow a retired appellate judge with experience as a district judge, or a retired district judge to serve as a local administrative judge. 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 74.091, Government Code, by amending Subsection (b) to allow a retired appellate judge with experience as a district judge or a retired district judge to serve as a local administrative judge; and, by adding Subsections (d), (e), (f) as follows: New Subsec. (d) provides that a retired judge serving as a local administrative judge is not a judicial officer for purposes of Subtitle D or E, Title 8. These two subtitles are the two judicial retirement systems; this provision allows the retired judge to serve as a local administrative judge without rejoining the retirement system. New Subsec. (e) sets upper limits on the salary a commissioners' court may pay a retired judge for serving as local administrative judge and ties these caps to the number of courts in the county in which the judge serves. New Subsec. (f) provides that the judge's salary shall be paid in twelve equal monthly installments and that the salary shall be paid out of the officers' salary fund or the county's general fund. SECTION 2. Emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on April 6, 1995, the Committee on Judicial Affairs met in a public hearing on April 11, 1995, to consider H.B. 759. The Chair, Rep. Hartnett, laid out H.B. 759 and recognized Rep. Goodman to explain. There were no witnesses. Rep. Goodman moved that H.B. 759 be reported favorably back to the full House, without amendment, with the recommendation that it do pass, be printed and sent to the Local & Consent Calendars Committee. The motion prevailed by the following record vote: 5 ayes, 0 nays, 0 PNV and 4 absent.