BILL ANALYSIS Judicial Affairs Committee By: Luna (Gutierrez) April 10, 1995 Committee Report (Unamended) BACKGROUND In some urban counties court dockets are so large that it may be difficult for one judge to stand in for another. Rural counties face similar problems because there may be only a few justices of the peace in a county. PURPOSE As proposed, S.B. 780 sets forth the procedure for the appointment, rights, and powers of a temporary justice of the peace. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, department, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 27.055, Government Code, by amending Subsection (b) and adding Subsections (c)-(e), as follows: Subsec. (b) authorizes a county judge, if a justice is temporarily unable to perform official duties because of absence and recusal, among other reasons, to appoint a qualified person to serve as temporary justice of the peace (justice). Provides that a temporary justice has all the rights and powers of the justice while serving in that capacity but is prohibited from making personnel decisions about, or significant changes in, the justice's office. New Subsec. (c) defines "qualified person." New Subsec. (d) authorizes a person appointed under Subsection (b) to reside in a county other than the county in which the person is appointed as a temporary justice. New Subsec. (e) authorizes the county judge to appoint any qualified voter to serve as a temporary justice if the judge cannot find a qualified person who agrees to serve under Subsection (b). SECTION 2. Effective date. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on April 7, 1995, the Committee on Judicial Affairs met in a formal meeting on April 10, 1995, to consider S.B. 780. The Chair laid out S.B. 780 and explained the bill. Rep. Goodman moved to report S.B. 780 favorably back to the full House, without amendment, with the recommendation that it do pass, be printed and sent to the Committee on Calendars. The motion prevailed by the following record vote: 7 ayes, 0 nays, 0 PNV and 2 absent.