BILL ANALYSIS


                                                        H.B. 2463
                                            By: Junell (Montford)
                                                    Jurisprudence
                                                          5-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

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

PURPOSE

As proposed, H.B. 2463 clarifies the requirement that all persons
acting as special judges in county courts must take an oath of
office before presiding.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 30.04, Code of Criminal Procedure, to
require an attorney agreed upon, elected, or appointed to serve as
special judge, including an attorney who is a retired, former, or
active judge, to take the oath of office before entering upon
judicial duties.

SECTION 2. Amends Article 30.05, Code of Criminal Procedure, to
make conforming changes.

SECTION 3. Amends Chapter 25A, Government Code, by adding Sections
25.0017 and 25.0018, as follows:

     Sec. 25.0017.  SPECIAL JUDGE TO TAKE OATH.  Makes conforming
     changes relating to a special judge of a statutory county or
     probate court.
     
     Sec. 25.0018.  RECORD.  Requires the clerk, when a special
     judge is agreed on by the parties, elected, or appointed, to
     enter as a part of the proceedings in the cause a record that
     gives the special judge's name and shows certain information.
SECTION 4. Amends Chapter 26B, Government Code, by adding Sections
26.015 and 26.016, as follows:

     Sec. 26.015.  SPECIAL JUDGE TO TAKE OATH.  Makes conforming
     changes relating to a special judge of a constitutional county
     court.
     
     Sec. 26.016.  RECORD.  Makes conforming changes.
SECTION 5. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 6. Emergency clause.