SRC-JBJ S.B. 495 77(R)BILL ANALYSIS


Senate Research CenterS.B. 495
By: Bernsen
Jurisprudence
5/17/2001
Enrolled


DIGEST AND PURPOSE 

Under Texas law, newly elected justices of the peace are required to take
40 hours of training.  In recent times, there have been jurisdictional
increases in civil and criminal areas of law for the justice court and
small claims court over which the justices of the peace preside.  Numerous
changes in magisterial issues such as family violence protective orders,
criminal bond issues, juvenile warnings in criminal cases and inquest
duties have increased the amount of material for which new justices of the
peace must receive training.  S.B. 495 amends statutory criteria requiring
newly elected justices of the peace to receive 80 hours, rather than 40
hours, of education within one year after the date the justice is first
elected. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 27.005(a), Government Code, to provide that for
the purposes of removal under Chapter 87 (Removal of County Officers From
Office; Filling of Vacancies), Local Government Code, rather than Title 100
(Repealed), V.T.C.S., "incompetency" in the case of a justice of the peace
includes the failure of the justice to successfully complete within one
year after the date the justice is first elected, an 80-hour, rather than
40-hour, course in the performance of the justice's duties, and each
following year, a 20-hour course.  Deletes existing text pertaining to
being a licensed attorney  

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.