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

H.B. 109, passed by the 73rd Legislature, was intended to affect
only special elections for district judges.  The legislation,
however, inadvertently cancelled Section 25.0595(c), Government
Code, 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.


As proposed, H.B. 1235 authorizes the practicing lawyers of a
statutory probate court in Dallas County to elect one of the
lawyers as a special judge if the court judge fails or refuses to
hold court.


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


SECTION 1.  Amends Chapter 25C, Government Code, by adding Section
25.0596, as follows:

     Authorizes the practicing lawyers of a statutory probate court
     in Dallas County to elect one of their number special judge to
     hold the court and proceed with its business if the judge of
     the court fails or refuses to hold the court.  Authorizes the
     lawyers to hold additional elections at any time to supply a
     judge during the absence, failure, or inability of the regular
     judge or a special judge to perform the duties of the office.
     (b) Requires the sheriff or constable to conduct the
       election to proclaim at the courthouse door that the lawyers
       who are present are about to elect a special judge of the
       statutory probate court.  Requires the clerk to make a list
       of the lawyers present and the lawyers to organize and hold
       the election.  Authorizes the lawyers to organize themselves
       into an electoral body and appoint a sheriff and clerk pro
       tempore to perform the respective duties of the sheriff and
       clerk if the sheriff, constable, or clerk fails or refuses
       to act.
       (c) Authorizes each practicing lawyer in attendance to
       participate in the election and cast one vote by ballot. 
       Provides that a majority of the votes who participate is
       necessary to elect a special judge.
       (d) Requires the clerk to enter a record of the election in
       the court minutes.  Sets forth requirements for the record.
       (e) Provides that a record of election proceedings that
       substantially comply with the requirements of the law is
       conclusive evidence of the election and qualification of a
       special judge.
SECTION 2. Repealer:  Section 25.0595(e), Government Code (relating
to Dallas County Probate Courts).

SECTION 3. Emergency clause.
           Effective date: upon passage.