BILL ANALYSIS



H.B. 3203
By: Puente
C.S.H.B. 3203
By: Thompson
05-03-95
Committee Report (Substituted)


BACKGROUND

     Present law allows the city of San Antonio to have a charter
that provides for the appointment or election of municipal
judges.This bill would have the ten municipal court judges elected
in ten single member districts as opposed to being appointed.  The
district boundaries for these 10 districts will be based on the ten
city council districts' boundaries.  The judges will be elected in
staggered terms at the same time as the city council elections. 
These elections are every two years, on the odd numbered years. 
These elections start in 1997, with terms lasting for four years.


PURPOSE

     This bill would have the ten municipal court judges elected in
ten single member districts as opposed to being appointed.  The
district boundaries for these 10 districts will be based on the ten
city council districts' boundaries.  The judges will be elected in
staggered terms at the same time as the city council elections. 
These elections are every two years, on the odd numbered years. 
These elections start in 1997, with terms lasting for four years. 
This bill is to provide the voters in San Antonio the opportunity
to vote on their municipal court judges by using the city council
district boundaries.  In using the same district boundaries and
election times, there is no need for separate elections.


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 Section 30.084(b), Government Code, as
follows:
           "The city shall provide by charter for the election of",
thus deleting the words "appointments or" and adding "10 full-time
municipal judges from single member districts" and deleting "a
municipal judge".  Adding that the judge must reside in the
district and that the boundaries are the same as the city council
boundaries.  Terms are for four years.  The city council shall
appoint, from a list supplied by the full-time judges, persons to
serve as part-time judges.  Part-time judges will serve at the will
of the full-time judges.  Part-time judges vacancies will be filled
in the same manner.  

     SECTION 2.  Section 30.084(e), is amended as follows:
           Delete: "If there is more than one municipal judge, the
governing body shall appoint one of the judges to be the presiding
municipal judge.  If the city has only one municipal judge or only
one permanent, full-time municipal judge, that judge is the
presiding municipal judge".  And add: "The full-time judges shall
select, by a majority vote, one of the full-time judges to serve as
presiding municipal judge for a six-month term.  There is no limit
on the number of terms a judge may serve as presiding municipal
judge, but a judge may not serve more than two consecutive terms as
presiding municipal judge".

     SECTION 3.  Pertains to the years in which the elections shall
be held.  The first shall be for five judges elected in May 1997,
concurrently with the city council elections, for four year terms
expiring in 2001.  Five judges shall be elected in May 1999 for
four-year terms expiring in 2003.  The city council shall determine
which districts will have elections in 1997 and 1999.  The city
council shall appoint five judges in 1997 who will serve until five
judges are elected in 1999.

     SECTION 4.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     Sections 1 and 2 are the same in both versions.
     Section 3 in the substitute requires that five judges shall be
elected in May 1997; it was 1996 in the original.  The terms of
such judges would expire in 2001; terms expired in 2000 in the
original bill.  In the substitute, five judges shall be elected in
May 1999; it was 1998 in the original bill.  The terms for this
group of judges expire in 2003; it was 2002 in the original bill. 
In the substitute, the council shall determine from which district
the voters elect judges in 1997 and 1999; it was 1996 and 1998 in
the original bill.  In the substitute the council must appoint 5
judges in 1997 who will serve until judges are elected in 1999; in
the original bill, the council was required to appoint 5 judges in
1996 who would serve until 1998.
     Section 4 is the same in both versions.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 20, 1995, the
Committee on Judicial Affairs met in a public hearing on April 25,
1995, to consider H.B. 3203.  No action on H.B. 3203 was taken at
the committee's April 25 hearing.
     Pursuant to a public notice posted on April 27, 1995, the
Committee on Judicial Affairs met in a public hearing on May 2,
1995, to consider H.B. 3203.  The Chair laid out H.B. 3203 and
recognized the author, Rep. Puente, to explain the bill.  The Chair
offered and laid out a complete committee substitute for H.B. 3203
and recognized Rep. Puente to explain the substitute.  Stella Ortiz
Kyle, presiding judge, municipal court, representing herself and
the City of San Antonio, testified against the bill.  There were no
other witnesses.  Without objection, the Chair moved to leave
C.S.H.B. 3203 pending before the committee.
     Pursuant to an announcement made on May 3, 1995, while the
House was still in session, the Committee on Judicial Affairs met
in a formal meeting on May 3, 1995.  The Chair laid out C.S.H.B.
3203, which was left pending at the committee's May 2nd meeting,
and explained the bill.  The Chair moved adoption of the
substitute.   There being no objection, the substitute was adopted. 
Rep. Alonzo moved that H.B. 3203, as substituted, 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.