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.