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


Senate Research Center   S.B. 495
77R2462 JMC-FBy: Bernsen
Jurisprudence
2/2/2001
As Filed


DIGEST AND PURPOSE 

Under current 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.  As proposed, 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(Repealed), V.T.C.S., "incompetency" in the case of a justice of the peace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.