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.