1-1 By: Junell (Senate Sponsor - Montford) H.B. No. 2463
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 16, 1995, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 16, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the taking of an oath by a special judge serving a
1-9 county court.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 30.04, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 30.04. SPECIAL JUDGE TO TAKE OATH. In addition to any
1-14 oath previously taken, an <The> attorney agreed upon, elected, or
1-15 appointed to serve as special judge, including an attorney who is a
1-16 retired, former, or active judge, shall, before he enters upon his
1-17 duties as special judge, take the oath of office required by the
1-18 Constitution.
1-19 SECTION 2. Article 30.05, Code of Criminal Procedure, is
1-20 amended to read as follows:
1-21 Art. 30.05. Record made by clerk. When a special judge is
1-22 agreed upon by the parties, elected, or appointed as herein
1-23 provided, the clerk shall enter in the minutes as a part of the
1-24 proceedings in such cause a record showing:
1-25 1. That the judge of the court was disqualified,
1-26 absent, or disabled to try the cause;
1-27 2. That such special judge (naming him) was by consent
1-28 of the parties agreed upon, or elected or appointed;
1-29 3. That, in addition to any oath previously taken, the
1-30 oath of office prescribed by law for the special judge, including a
1-31 special judge who is a retired, former, or active judge, was duly
1-32 administered to such special judge.
1-33 SECTION 3. Subchapter A, Chapter 25, Government Code, is
1-34 amended by adding Sections 25.0017 and 25.0018 to read as follows:
1-35 Sec. 25.0017. SPECIAL JUDGE TO TAKE OATH. In addition to
1-36 any oath previously taken, a person agreed on, elected, or
1-37 appointed as provided by law to serve as special judge of a
1-38 statutory county court or statutory probate court, including a
1-39 person who is a retired, former, or active judge, shall, before
1-40 entering upon the person's duties as special judge, take the oath
1-41 of office required by the constitution.
1-42 Sec. 25.0018. RECORD. When a special judge is agreed on by
1-43 the parties, elected, or appointed, the clerk shall enter in the
1-44 minutes as a part of the proceedings in the cause a record that
1-45 gives the special judge's name and shows that:
1-46 (1) the judge of the court was disqualified, absent,
1-47 or disabled to try the cause;
1-48 (2) the special judge was agreed on by consent of the
1-49 parties, elected, or appointed; and
1-50 (3) in addition to any oath previously taken, the oath
1-51 of office prescribed by law for the special judge, including a
1-52 person who is a retired, former, or active judge, was duly
1-53 administered to the special judge.
1-54 SECTION 4. Subchapter B, Chapter 26, Government Code, is
1-55 amended by adding Sections 26.015 and 26.016 to read as follows:
1-56 Sec. 26.015. SPECIAL JUDGE TO TAKE OATH. In addition to any
1-57 oath previously taken, a person agreed on, elected, or appointed as
1-58 provided by law to serve as special judge of a constitutional
1-59 county court, including a person who is a retired, former, or
1-60 active judge, shall, before entering upon the person's duties as
1-61 special judge, take the oath of office required by the
1-62 constitution.
1-63 Sec. 26.016. RECORD. When a special judge is agreed on by
1-64 the parties, elected, or appointed, the clerk shall enter in the
1-65 minutes as a part of the proceedings in the cause a record that
1-66 gives the special judge's name and shows that:
1-67 (1) the judge of the court was disqualified, absent,
1-68 or disabled to try the cause;
2-1 (2) the special judge was agreed on by consent of the
2-2 parties, elected, or appointed; and
2-3 (3) in addition to any oath previously taken, the oath
2-4 of office prescribed by law for the special judge, including a
2-5 person who is a retired, former, or active judge, was duly
2-6 administered to the special judge.
2-7 SECTION 5. This Act takes effect September 1, 1995, and
2-8 applies only to a special judge agreed on, elected, or appointed on
2-9 or after that date.
2-10 SECTION 6. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
2-15 * * * * *