S.B. No. 780
AN ACT
1-1 relating to temporary justices of the peace.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 27.055, Government Code, is amended by
1-4 amending Subsection (b) and by adding Subsections (c), (d), and (e)
1-5 to read as follows:
1-6 (b) If a justice is temporarily unable to perform official
1-7 duties because of absence, recusal, illness, injury, or other
1-8 disability, the county judge may appoint a qualified person to
1-9 serve as temporary justice for the duration of the disability. The
1-10 commissioners court shall compensate the temporary justice by the
1-11 day, week, or month in an amount equal to the compensation of the
1-12 regular justice. A temporary justice has all the rights and powers
1-13 of the justice of the peace while serving in that capacity but may
1-14 not make personnel decisions about, or significant changes in, the
1-15 justice of the peace's office.
1-16 (c) In Subsection (b), "qualified person" means a person who
1-17 has served as a justice of the peace for not less than 4-1/2 years
1-18 and who has not been convicted of a criminal offense that involves
1-19 moral turpitude.
1-20 (d) A person appointed under Subsection (b) may reside in a
1-21 county other than the county in which the person is appointed as a
1-22 temporary justice of the peace.
1-23 (e) The county judge may appoint any qualified voter under
1-24 Section 11.002, Election Code, to serve as a temporary justice of
2-1 the peace if the judge cannot find a qualified person who agrees to
2-2 serve under Subsection (b).
2-3 SECTION 2. This Act takes effect September 1, 1995.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.