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.