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.