BILL ANALYSIS S.B. 1197 By: Sims Criminal Justice 4-20-95 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.