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.