BILL ANALYSIS



H.B. 1294
By: Finnell
March 14, 1995
Committee Report (Unamended)


BACKGROUND

     In the 71st Legislature, Regular Session, the Legislature
passed House Bill 488.  Section 2 allowed justices of the peace to
designate court clerks, but failed to define the duties of the
clerk.


PURPOSE

     House Bill 1294 establishes the duties which may be performed
by clerks of a justice court.


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 27.056 of the Government Code to
include the duties which justice court clerks are to perform. 

     SECTION 2.  Effective date.

     SECTION 3.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted March 8, 1995, in
accordance with House rules, the Committee on Judicial Affairs met
in a public hearing on March 14, 1995, to consider House Bill 1294. 
The Chair recognized the author, Rep. Finnell, to explain the bill. 
The following witnesses testified for H.B. 1294:
      The Honorable Sandy Prindle, Tarrant County justice of the
peace, representing the Texas Justice of the Peace Association,
and,
      The Honorable Donna Smith, Irion County justice of the peace,
representing the Texas Justice of the Peace and Constable
Association.
There were no other witnesses for, against or neutral on the bill. 
Rep. Hartnett moved that H.B. 1294 be reported 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:  5
ayes, 0 nays, 0 PNV and 4 absent.