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.