PMWJ H.B. 2280 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 2280 By: Clark 4-2-97 Committee Report (Unamended) BACKGROUND The Texas Constitution generally prohibits one individual from serving in two public offices of emolument. There are numerous exceptions to this general requirement (i.e., justices of the peace, county commissioners, etc.). Texas law creates a municipal court in every incorporated municipality and requires training of municipal court judges. In many smaller cities the activities of the court do not require a full-time judge. These cities have appointed judges who serve as municipal judges in other municipalities. This allows smaller cities to appoint judges who are qualified and trained. A question has arisen in several cases brought by the Republic of Texas as to whether this violates Article 16, Section 40, of the Texas Constitution concerning dual office holding. Federal Judge Barefoot Sanders has dismissed one such claim in a Federal suit against the City of Heath. Subsequently, in TEX. ATT'Y GEN. OP. NO. DM-428 (1996) the Attorney General ruled that an appointed municipal judge may hold more than one such appointment provided the holding of the second office is of benefit to the State. The Attorney General has stated that the legislature is the appropriate body to determine, as a general matter, whether, and under what circumstances, the holding of multiple municipal judgeships is "of benefit to the State." PURPOSE Many small cities cannot afford a full-time municipal judge but hire one to serve a few days a month. The cost of required annual training and the time involved is a deterrent to a capable, qualified individual who can serve in only one city. By allowing a municipal judge to serve more than one city, a judge could more easily justify and attend the required training and would gain more experience by serving more regularly. This bill would amend the Government Code to make a legislative determination that the office of appointed municipal judge is an office of benefit to the State. The jurisdiction of a municipal court includes the disposition of many state offenses and complaints in municipal court are brought in the name of "State of Texas." This specific finding and statement by the Legislature will allow appointed municipal judges to serve in this capacity in more than one municipality. This will allow smaller cities to appoint competent individuals who are qualified and trained to serve as municipal court judges. This legislation will require a constitutional amendment, which is proposed through HJR 87. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adds a new Subsection (b) to Section 574.001 of the Government Code to allow a person to hold the office of municipal judge for more than one municipality at the same time if each office is filled by appointment. This subsection declares that the holding of these offices is of benefit to this state. SECTION 2. Emergency clause. Effective date.