BILL ANALYSIS H.B. 1235 By: Hartnett 02-28-95 Committee Report (Unamended) BACKGROUND 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. PURPOSE This bill would add Section 25.0596 to the Government Code to reinstate the special election of statutory probate judges in Dallas County. RULEMAKING AUTHORITY 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 BY SECTION ANALYSIS 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. SUMMARY OF COMMITTEE ACTION 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, and 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.