BILL ANALYSIS



S.B. 1197
By: Sims (Counts)
May 15, 1995
Committee Report (Unamended)


BACKGROUND

Currently, the procedure for appointing and provisions relating to
a special judge in a constitutional county court when the regular
judge is disqualified is addressed differently in the Code of
Criminal Procedure, the Government Code, and the Texas
Constitution.

PURPOSE

As proposed, S.B. 1197 provides that special judges appointed to
replace judges who are removed need not be attorneys and amends the
procedures for the court to recognize the judge and document the
removal of the primary 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 Article 30.03, Code of Criminal Procedure, as
follows:

 Art. 30.03.  New heading: COUNTY JUDGE DISQUALIFIED, ABSENT, OR
DISABLED

     Sec. 1.  Deletes the provision which authorizes the practicing
     attorneys of the court to elect from among their number a
     special judge who shall try the case if the parties fail to
     agree on a special judge.  Deletes the requirement of the
     election of the special judge to be conducted in accordance
     with the provisions of Article 1887 et seq., V.A.C.S.
     
     Sec. 2.  Makes conforming changes.
     
     Sec. 3.  Authorizes a special judge who is an attorney to be
     appointed by the commissioners court of the county if a
     regular judge of a county court at law is absent.
     
     Sec. 4.  Created from existing text.
     
SECTION 2. Amends Article 30.04, Code of Criminal Procedure, to
require a person agreed upon, elected, or appointed to serve as
special judge, in addition to any oath previously taken, to take
the oath of office required by the Constitution.

SECTION 3. Amends Article 30.05, Code of Criminal Procedure, to
make conforming changes.

SECTION 4. Amends Chapter 25A, Government Code, by adding Sections
25.0017 and 25.0018, as follows:

     Sec. 25.0017.  SPECIAL JUDGE TO TAKE OATH.  Makes a conforming
     change.
     
     Sec. 25.0018.  RECORD.  Requires the clerk to enter in the
     minutes as a part of the proceedings in the cause a record
     that gives the special judge's name and shows that the judge
     of the court was disqualified, absent, or disabled to try the
     cause; the special judge was agreed on by consent of the
     parties, elected, or appointed; and in addition to any oath
     previously taken, the oath of office was duly administered to
     the special judge.
     
SECTION 5. Amends Section 26.013(a), Government Code, to make a
conforming change.

SECTION 6. Amends Chapter 26B, Government Code, by adding Section
26.015 and 26.016, to make conforming changes.

SECTION 7. Amends Section 26.022(c), Government Code, to make a
conforming change.

SECTION 8. Amends Section 26.023(a), Government Code, to make a
conforming change.

SECTION 9. Amends Section 26.024(a), Government Code, to make a
conforming change.

SECTION 10.    Repealer: Section 26.025, Government Code
(Qualifications of Retired Judge).

SECTION 11.    Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 12.    Emergency clause.


SUMMARY OF COMMITTEE ACTION

SB 1197 was considered by the full committee in a formal meeting on
May 15, 1995.  SB 1197 was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars by the record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.