SRC-AXB H.B. 1606 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1606
By: Thompson (Wentworth)
Intergovernmental Relations
5/11/1999
Engrossed


DIGEST 

Currently, Chapter 26, Government Code, governs the appointment of special
judges.  H.B. 1606 provides for the appointment or assignment of visiting
judges, rather than special judges, when the judge of a county court is
absent, disqualified, or disabled, and updates language. 

PURPOSE

As proposed, H.B. 1606 provides for the appointment or assignment of
visiting judges, rather than special judges, when the judge of a county
court is absent, disqualified, or disabled, and updates language. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.003, Government Code, to set forth provisions
for the case of the failure of a county judge to appear for court and a
visiting, rather than special, judge is not appointed, rather than elected.
Makes conforming changes. 

SECTION 2.  Amends Section 26.004(b), Government Code, to make conforming
changes. 

SECTION 3.  Amends Chapter 26B, Government Code, as follows:

SUBCHAPTER B.  New heading:  APPOINTMENT OF VISITING JUDGE

SECTION 4.  Amends Section 26.011, Government Code, as follows:

Sec.  26.011.  New heading:  ASSIGNMENT OF VISITING JUDGE.  Requires the
presiding judge to appoint a visiting judge to hear the case in accordance
with Chapter 74C, Government Code, if a county judge is absent or
incapacitated in a criminal case.  Deletes text regarding failure to agree
and the governor. 

SECTION 5.  Amends Section 26.012, Government Code, as follows:

Sec.  26.012.  New heading:  ASSIGNMENT OF VISITING JUDGE FOR PROBATE,
GUARDIANSHIP, AND MENTAL HEALTH MATTERS.   Requires a visiting judge to be
assigned in accordance with Section 25.0022(i), Government Code, and makes
conforming changes.  Deletes text regarding the special judge. 

SECTION 6.  Amends Section 26.015, Government Code, as follows:

Sec.  26.015.  New heading:  VISITING JUDGE TO TAKE OATH.  Makes conforming
changes. 

SECTION 7.  Amends Section 26.016, Government Code, to make conforming
changes. 

 SECTION 8.  Amends Chapter 26C, Government Code, as follows:

SUBCHAPTER C.  New heading:  APPOINTMENT OF VISITING JUDGES IN CERTAIN
COUNTIES 
SECTION 9.  Amends Section 26.022, Government Code, to make conforming
changes. 

SECTION 10.  Amends Section 26.023, Government Code, to make conforming
changes. 

SECTION 11.  Amends Section 26.024, Government Code, to make conforming
changes. 

SECTION 12.  Amends Section 26.026, Government Code, as follows:

Sec.  26.026.  New heading:  COMPENSATION OF VISITING JUDGE.  Deletes text
regarding a county judge's annual salary and makes conforming changes. 

SECTION 13.  Amends Section 26.027, Government Code, to make a conforming
change. 

SECTION 14.  Repealers:Section 26.013, Government Code (Disqualification of
Special Judge). 
    Section 26.014, Government Code (Election of Special Judge).
Article 30.03, Code of Criminal Procedure (County Judge Disqualified,
Absent, or Disabled). 
Article 30.04, Code of Criminal Procedure (Special Judge to Take Oath).
    Article 30.05, Code of Criminal Procedure (Record Made by Oath).
    Article 30.06, Code of Criminal Procedure (Compensation).
    
SECTION 15.Effective date:  September 1, 1999. 
  Makes application of this Act prospective.

SECTION 16.  Emergency clause.