BILL ANALYSIS


                                                         S.B. 780
                                                         By: Luna
                                                    Jurisprudence
                                                          3-21-95
                                       Committee Report (Amended)
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, 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:

     (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.
     
     (c) Defines "qualified person."
     
     (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.
     
     (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: September 1, 1995.

SECTION 3. Emergency clause.