1-1 By: Luna S.B. No. 780
1-2 (In the Senate - Filed February 27, 1995; February 28, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 21, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; March 21, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Luna
1-7 Amend S.B. No. 780 by striking SECTION 2 and substituting the
1-8 following:
1-9 SECTION 2. This Act takes effect September 1, 1995.
1-10 SECTION 3. The importance of this legislation and the
1-11 crowded condition of the calendars in both houses create an
1-12 emergency and an imperative public necessity that the
1-13 constitutional rule requiring bills to be read on three several
1-14 days in each house be suspended, and this rule is hereby suspended.
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to temporary justices of the peace.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Section 27.055, Government Code, is amended by
1-20 amending Subsection (b) and by adding Subsections (c), (d), and (e)
1-21 to read as follows:
1-22 (b) If a justice is temporarily unable to perform official
1-23 duties because of absence, recusal, illness, injury, or other
1-24 disability, the county judge may appoint a qualified person to
1-25 serve as temporary justice for the duration of the disability. The
1-26 commissioners court shall compensate the temporary justice by the
1-27 day, week, or month in an amount equal to the compensation of the
1-28 regular justice. A temporary justice has all the rights and powers
1-29 of the justice of the peace while serving in that capacity but may
1-30 not make personnel decisions about, or significant changes in, the
1-31 justice of the peace's office.
1-32 (c) In Subsection (b), "qualified person" means a person who
1-33 has served as a justice of the peace for not less than 4-1/2 years
1-34 and who has not been convicted of a criminal offense that involves
1-35 moral turpitude.
1-36 (d) A person appointed under Subsection (b) may reside in a
1-37 county other than the county in which the person is appointed as a
1-38 temporary justice of the peace.
1-39 (e) The county judge may appoint any qualified voter under
1-40 Section 11.002, Election Code, to serve as a temporary justice of
1-41 the peace if the judge cannot find a qualified person who agrees to
1-42 serve under Subsection (b).
1-43 SECTION 2. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended,
1-48 and that this Act take effect and be in force from and after its
1-49 passage, and it is so enacted.
1-50 * * * * *