1-1 By: Hartnett (Senate Sponsor - Leedom) H.B. No. 1235
1-2 (In the Senate - Received from the House April 3, 1995;
1-3 April 4, 1995, read first time and referred to Committee on
1-4 Jurisprudence; April 26, 1995, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; April 26, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to special judges elected by the practicing lawyers of the
1-9 statutory probate courts in Dallas County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter C, Chapter 25, Government Code, is
1-12 amended by adding Section 25.0596 to read as follows:
1-13 Sec. 25.0596. SPECIAL STATUTORY PROBATE JUDGE. (a) If the
1-14 judge of a statutory probate court in Dallas County fails or
1-15 refuses to hold the court, the practicing lawyers of the court who
1-16 are present may elect one of their number special judge to hold the
1-17 court and proceed with its business. The lawyers may hold
1-18 additional elections at any time to supply a judge during the
1-19 absence, failure, or inability of the regular judge or a special
1-20 judge to perform the duties of the office.
1-21 (b) To conduct the election, the sheriff or constable shall
1-22 publicly proclaim at the courthouse door that the practicing
1-23 lawyers who are present are about to elect a special judge of the
1-24 statutory probate court. Following the proclamation, the clerk
1-25 shall make a list of the practicing lawyers who are present, and
1-26 the lawyers shall organize and hold the election. If the sheriff,
1-27 constable, or clerk fails or refuses to act, the practicing lawyers
1-28 who are present may organize themselves into an electoral body and
1-29 appoint a sheriff and clerk pro tempore to perform the respective
1-30 duties of the sheriff and clerk.
1-31 (c) Each practicing lawyer in attendance may participate in
1-32 the election and cast one vote by ballot. A majority of the votes
1-33 of the lawyers who participate is necessary to elect a special
1-34 judge.
1-35 (d) The clerk shall enter a record of the election of the
1-36 special judge in the minutes of the court. The record must show:
1-37 (1) the names of all the practicing lawyers who were
1-38 present and participated in the election;
1-39 (2) that a public proclamation that the election was
1-40 about to take place was made at the courthouse door;
1-41 (3) the number of ballots cast at the election, the
1-42 number of votes for each person, and the result of the election;
1-43 and
1-44 (4) that the oath prescribed by law was administered
1-45 to the special judge.
1-46 (e) A record of election proceedings that substantially
1-47 comply with the requirements of the law is conclusive evidence of
1-48 the election and qualification of a special judge.
1-49 SECTION 2. Section 25.0595(e), Government Code, is repealed.
1-50 SECTION 3. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended,
1-55 and that this Act take effect and be in force from and after its
1-56 passage, and it is so enacted.
1-57 * * * * *