BILL ANALYSIS

Judicial Affairs Committee

By: West (Gallego)
May 2, 1995
Committee Report (Amended)

BACKGROUND

     Currently, when a county judge is suspended, the county is in
limbo for the duration of the suspension.  Suspension leaves a
county judge unable to vote on matters before the commissioners
court or carrying out various administrative functions.  County
commissioners can only fill the position of county judge if the
county judge is removed from office by the Commission on Judicial
Conduct or a district judge.

PURPOSE

     This bill authorizes the commissioners court, upon the
suspension of a constitutional county judge, to appoint a county
resident to fill the office and to compensate the acting judge.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

     SECTION 1 amends Chapter 26, Government Code, by adding
Section 26.015, as follows:
           Sec. 26.015.  APPOINTMENT OF ACTING OF COUNTY JUDGE.
           Subsec. (a) authorizes the commissioners court, upon the
     suspension of a constitutional county judge, to appoint a
     county resident to fill the office until the next term of that
     officer or until the suspension ends, whichever occurs first.
           Subsec. (b) requires the commissioners court to
     compensate the acting judge in an amount equal to the
     compensation of the regular judge over the same time period. 
     Requires this requirement to be considered an emergency for
     budget amendment purposes.
     SECTION 2.  Effective date.

     SECTION 3.  Emergency clause.  Effective date.

EXPLANATION OF AMENDMENTS

     The original bill contained two effective dates:  upon passage
and September 1, 1995.  Committee Amendment No. 1 removed the
September 1 effective date.

SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 27, 1995, the
Committee on Judicial Affairs met in a public hearing on May 2,
1995.  The companion bill to S.B. 691, H.B. 3077, passed out of the
Committee on Judicial Affairs on April 20, 1995, and was in the
Local and Consent Calendars Committee.  The Chair laid out S.B. 691
and explained the bill.  The Chair offered, laid out and explained
Committee Amendment No. 1.  The Chair moved adoption of the
amendment.  There being no objection, the amendment was adopted. 
The Chair then moved to report S.B. 691 favorably back to the full
House, as amended, with the recommendation that it do pass, be
printed and sent to the Committee on Local and Consent Calendars. 
The motion prevailed by the following record vote:  5 ayes, 0 nays,
0 PNV and 4 absent.