BILL ANALYSIS


Judicial Affairs Committee
H.B. 1740
By:  Gutierrez
03-14-95
Committee Report (Amended)



BACKGROUND

     Currently, in some rural counties there are only one or two
justices of the peace.  At times when the justice is sick, absent,
or temporarily unable to perform official duties, an unnecessary
hardship is imposed upon the people of the county and upon the
justice upon return to duty.  Current law allows the appointment of
a temporary justice when the justice is ill, injured or disabled.


PURPOSE

     This bill adds "absence" and "recusal" to the list of
disabilities for which a county judge may appoint a temporary
justice of the peace and clarifies the powers of a temporary
justice, the qualifications of a temporary justice, the residency
requirements of a temporary justice, and a new exception to the new
definition of "qualified person."


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 27.055 of the Government Code.
     Subsection (b) is amended to add "absence" and "recusal" to
     the list of disabilities of        justices of the peace
                                        during which a county
                                        judge may appoint a
                                        temporary justice.  New
                                        language clarifies the
                                        rights and powers of a
                                        temporary justice.
     New Subsection (c) defines "qualified person."
     New Subsection (d) allows a temporary justice to reside in a
     county other than the one          in which the person was
                                        appointed a temporary
                                        justice.
     New Subsection (e) allows the county judge to appoint a
     qualified voter to serve as a           temporary justice if
                                             the county judge
                                             cannot find a
                                             qualified person to
                                             agree to serve as a
                                             temporary justice.

SECTION 2.  Emergency clause.  Effective date.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 deletes Section 2 of the bill and
adds a specific effective date in new Section 2, beginning on the
first day of the next fiscal year.  An emergency clause was moved
to new Section 3.

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 1740. 
The Chair recognized the author, Rep. Gutierrez, to explain the
bill.  The Chair offered up and laid out Committee Amendment No. 1. 
The following witnesses testified for H.B. 1740:
      The Honorable Sandy Prindle, Tarrant County justice of the
peace, representing the Texas Justice of the Peace Association,
      The Honorable Donna Smith, Irion County justice of the peace,
representing the Texas Justice of the Peace and Constable
Association, and
      George Allen, representing the Texas Apartment Association.
There were no other witnesses for, against or neutral on the bill. 
The Chair recognized Rep. Gutierrez to close and moved to leave the
bill and Committee Amendment No. 1 pending before the committee;
there was no objection.  Following other business, the Chair again
laid out H.B. 1740.  The Chair again laid out Committee Amendment
No. 1 and moved its adoption; there being no objection, the
amendment was adopted.  Rep. Solis moved that H.B. 1740 be reported
back to the full House, as amended, 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:  6
ayes, 0 nays, 0 PNV and 3 absent.