By Junell H.B. No. 2463
74R131 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the taking of an oath by a special judge serving a
1-3 county court.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 30.04, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 30.04. SPECIAL JUDGE TO TAKE OATH. In addition to any
1-8 oath previously taken, an <The> attorney agreed upon, elected, or
1-9 appointed to serve as special judge, including an attorney who is a
1-10 retired, former, or active judge, shall, before he enters upon his
1-11 duties as special judge, take the oath of office required by the
1-12 Constitution.
1-13 SECTION 2. Article 30.05, Code of Criminal Procedure, is
1-14 amended to read as follows:
1-15 Art. 30.05. Record made by clerk. When a special judge is
1-16 agreed upon by the parties, elected, or appointed as herein
1-17 provided, the clerk shall enter in the minutes as a part of the
1-18 proceedings in such cause a record showing:
1-19 1. That the judge of the court was disqualified,
1-20 absent, or disabled to try the cause;
1-21 2. That such special judge (naming him) was by consent
1-22 of the parties agreed upon, or elected or appointed;
1-23 3. That, in addition to any oath previously taken, the
1-24 oath of office prescribed by law for the special judge, including a
2-1 special judge who is a retired, former, or active judge, was duly
2-2 administered to such special judge.
2-3 SECTION 3. Subchapter A, Chapter 25, Government Code, is
2-4 amended by adding Sections 25.0017 and 25.0018 to read as follows:
2-5 Sec. 25.0017. SPECIAL JUDGE TO TAKE OATH. In addition to
2-6 any oath previously taken, a person agreed on, elected, or
2-7 appointed as provided by law to serve as special judge of a
2-8 statutory county court or statutory probate court, including a
2-9 person who is a retired, former, or active judge, shall, before
2-10 entering upon the person's duties as special judge, take the oath
2-11 of office required by the constitution.
2-12 Sec. 25.0018. RECORD. When a special judge is agreed on by
2-13 the parties, elected, or appointed, the clerk shall enter in the
2-14 minutes as a part of the proceedings in the cause a record that
2-15 gives the special judge's name and shows that:
2-16 (1) the judge of the court was disqualified, absent,
2-17 or disabled to try the cause;
2-18 (2) the special judge was agreed on by consent of the
2-19 parties, elected, or appointed; and
2-20 (3) in addition to any oath previously taken, the oath
2-21 of office prescribed by law for the special judge, including a
2-22 person who is a retired, former, or active judge, was duly
2-23 administered to the special judge.
2-24 SECTION 4. Subchapter B, Chapter 26, Government Code, is
2-25 amended by adding Sections 26.015 and 26.016 to read as follows:
2-26 Sec. 26.015. SPECIAL JUDGE TO TAKE OATH. In addition to any
2-27 oath previously taken, a person agreed on, elected, or appointed as
3-1 provided by law to serve as special judge of a constitutional
3-2 county court, including a person who is a retired, former, or
3-3 active judge, shall, before entering upon the person's duties as
3-4 special judge, take the oath of office required by the
3-5 constitution.
3-6 Sec. 26.016. RECORD. When a special judge is agreed on by
3-7 the parties, elected, or appointed, the clerk shall enter in the
3-8 minutes as a part of the proceedings in the cause a record that
3-9 gives the special judge's name and shows that:
3-10 (1) the judge of the court was disqualified, absent,
3-11 or disabled to try the cause;
3-12 (2) the special judge was agreed on by consent of the
3-13 parties, elected, or appointed; and
3-14 (3) in addition to any oath previously taken, the oath
3-15 of office prescribed by law for the special judge, including a
3-16 person who is a retired, former, or active judge, was duly
3-17 administered to the special judge.
3-18 SECTION 5. This Act takes effect September 1, 1995, and
3-19 applies only to a special judge agreed on, elected, or appointed on
3-20 or after that date.
3-21 SECTION 6. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.