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.