BILL ANALYSIS H.B. 1235 By: Hartnett (Leedom) Jurisprudence 4-27-95 Senate Committee Report (Unamended) BACKGROUND 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. PURPOSE 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. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 25C, Government Code, by adding Section 25.0596, as follows: Sec. 25.0596. SPECIAL STATUTORY PROBATE JUDGE. (a) 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.