BILL ANALYSIS
S.B. 691
By: West
Jurisprudence
4-12-95
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
As proposed, S.B. 691 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, 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. (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.
(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: September 1, 1995.
SECTION 3. Emergency clause.
Effective date: upon passage.