BILL ANALYSIS



H.B. 2463
By: Junell
4-20-95
Committee Report (Unamended)


BACKGROUND

     Under current law, it is unclear whether or not all persons
acting as special judges in a county courts must take an oath of
office before presiding.


PURPOSE

     This bill will require special judges to always take an oath
of office before presiding over a county 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 Article 30.04, Code of Criminal Procedure. 
In addition to any other oaths taken, an attorney serving as
special judge shall take an oath of office before presiding.

     SECTION 2 amends Article 30.05 of the Code of Criminal
Procedure.  The clerk shall enter into the record the fact that the
oath was administered.

     SECTION 3 amends Subchapter A, Chapter 25, Government Code by
adding new Sections 25.0017 and 25.0018.  In addition to any other
oaths taken, a person serving as special judge of a statutory
county court or statutory probate court shall take an oath of
office before presiding.  The clerk of the court is required to
enter into the minutes the name of the judge of the court and the
reason for the judge's inability to try the case, the method by
which the special judge was chosen, the fact that the oath of
office was administered to the special judge and the special
judge's name.

     SECTION 4 amends Subchapter B, Chapter 26, Government Code by
adding Sections 26.015 and 26.016.  In addition to any other oaths
taken, a person serving as special judge of a constitutional county
court shall take an oath of office before presiding.  The clerk of
the court is required to enter into the minutes the name of the
judge of the court and the reason for the judge's inability to try
the case, the method by which the special judge was chosen, the
fact that the oath of office was administered to the special judge
and the special judge's name.

     SECTION 5.  Effective date.  Application of act.

     SECTION 6.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 6, 1995, the
Committee on Judicial Affairs met in a formal meeting on April 20,
1995, to consider H.B. 2463.  The Chair laid out H.B. 2463 and
recognized Rep. Goodman to explain the bill.  Rep. Nixon moved that
H.B. 2463 be reported favorably back to the full House, without
amendment, with the recommendation that it do pass, be printed and
sent to the Local & Consent Calendars Committee.  The motion
prevailed by the following record vote:  7 ayes, 0 nays, 0 PNV and
2 absent.