BILL ANALYSIS

Judicial Affairs Committee

By: Gallego
4-20-95
Committee Report (Amended)

BACKGROUND

     Currently, county commissioners cannot fill the position of
constitutional county judge if the county judge is suspended, but
not removed, from office by the Commission on Judicial Conduct or
a District Judge.  During the period of suspension, however, the
county judge is unable to hold hearings, perform county
administrative duties, or vote in commissioners court.


PURPOSE

     This bill would allow the commissioners court to appoint an
acting county judge when the county judge has been suspended by the
State Commission on Judicial Conduct.  The acting county judge
would have to be a resident of the county; the term of office for
the acting county judge would last until the end of the current
term or until the elected county judge's suspension ends, whichever
event occurs first.


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 Chapter 26, Government Code, by adding
Section 26.015 allowing  county commissioners to appoint a resident
of the county to fill the office of county judge during a
suspension until the expiration of the term or the end of the
suspension, whichever occurs first.  Subsection (b) sets out
compensation requirements.

     SECTION 2.  Effective date.

     SECTION 3.  Emergency clause.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 changes the Government Code section
number where the new language is placed to avoid a conflict with
another bill previously passed by the committee.


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. 3077.  The Chair laid out H.B. 3077 and
explained the bill.  The Chair offered, laid out and explained
committee amendment #1.  The Chair moved adoption of the amendment. 
The amendment was adopted without objection.  Rep. Goodman moved
that H.B. 3077, as amended, be reported favorably back to the full
House 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:  6 ayes, 0 nays, 0 PNV and 3 absent.