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.