BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 3441

79R10245 QS-D                                                                                            By: Herrero (Hinojosa)

Jurisprudence

5/18/2005

Engrossed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Sections 27.054 (Exchange of Benches) and 27.055 (Special and Temporary Justices), Government Code, state that a justice of the peace may serve in place of another justice in certain circumstances. 

H.B. 3441 serves to clarify and amend the circumstances under which justices of the peace may exchange benches as well as who is qualified to serve as a visiting justice of the peace. 

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 27.054, Government Code, as follows:

Sec. 27.054.  EXCHANGE OF BENCHES.  (a)  Authorizes a justice of the peace to hold court for any other justice in any county at the request of that justice. 

(b)  Authorizes the justices of any county to exchange benches for a period not to exceed five days if they consider it expedient. 

(c)  Provides that a justice who exchanges benches with another justice is not entitled to receive compensation from the commissioners court of the county in which the regular justice serves.

SECTION 2.  Effective date: September 1, 2005.