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.