PMWJ H.J.R. 87 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.J.R. 87 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 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. As proposed, HJR 87 requires the submission to the voters of a constitutional amendment to allow a person who holds the office of municipal court judge to hold at the same time more than one civil office for which the person receives compensation. This will allow smaller cities to appoint competent individuals who are qualified and trained to serve as municipal court judges. The enabling legislation for this amendment is HB 2280. 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 amends Section 40, Article XVI, Texas Constitution to include Municipal Court Judge as an office that can be held by a person who holds another appointed office. SECTION 2. Ballot date. Ballot wording.