H.B. 1235
By: Hartnett
Committee Report (Unamended)


     HB 109 (73rd Session) was intended by the author to only
affect special elections for district judges, but the legislation
also inadvertently cancelled Government Code Section 25.0595(c),
which had allowed special elections for statutory probate judges. 
The three statutory probate courts in Dallas County have used the
special election procedure for many years without complaint, and
request that it be reinstated.


     This bill would add Section 25.0596 to the Government Code to
reinstate the special election of statutory probate judges in
Dallas County.


     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, institution, or agency.


SECTION 1.  Amends Chapter 25, Government Code, by adding Section
25.0596 to allow special judges to be elected by the practicing
lawyers of the statutory probate courts in Dallas County.
     (a)  Allows the practicing lawyers of the statutory probate
     court in Dallas County to elect    one of their number as
     special judge of the court when the regular judge does      not
     perform the duties of the office.
     (b)  Sets forth the procedures for this special election.
     (c)  Allows each practicing lawyer present to cast one vote
     and requires a majority vote.
     (d)  Requires the clerk to enter the specifics of the election
     into the record.
     (e)  Provides that a record of election proceedings that
     substantially comply is conclusive      evidence of the
     election and qualification of a special judge.

SECTION 2.  Repeals Section 25.0595(e), Government Code.

SECTION 3.  Emergency clause.  Effective date.


     Pursuant to a public notice posted February 22, 1995, in
accordance with House rules, the Committee on Judicial Affairs met
in a public hearing on February 28, 1995, to consider House Bill
1235.  The Chair recognized the author, Rep. Hartnett, to explain
the bill.  The following witnesses testified for the bill:
      The Honorable Nikki De Shazo, Dallas County probate judge,
      Craig Pardue, representing Dallas County.
There being no other witnesses, Rep. Alonzo moved that H.B. 1235 be
reported favorably back to the full House, without amendment, with
the recommendation that it do pass, be printed and sent to the
Committee on Local and Consent Calendars.  The motion prevailed by
the following record vote:  7 ayes, 0 nays, 0 PNV and 2 absent.