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.