By:  Herrero                                                      H.B. No. 3441



A BILL TO BE ENTITLED

AN ACT

relating to the assignment of visiting justices of the peace.                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 27.054 and 27.055, Government Code, is 
amended to read as follows:
	Sec. 27.054.  (a)  A justice of the peace may hold court for 
any other justice in any county and precinct of this state [the 
county] at the request of the presiding justice of the peace.
	(b)  The justices of any county or precinct [a county] may 
exchange benches if they consider it expedient.  The sharing of 
benches is temporary, and should not exceed 5 days.
	(c)  There is no liability or consideration for remuneration 
to a visiting justice of the peace by a county under this section.
	Sec. 27.055.  VISITING [SPECIAL AND TEMPORARY] 
JUSTICES.  (a)  If a justice of the peace is disqualified from a 
civil case, is sick, or is absent from the precinct, the justice may 
request a qualified justice of the peace to serve as visiting 
justice to hear the case or preside over the court for a period not 
exceeding 5 days [the parties may agree on a person to try the 
case].  If the parties object to the visiting justice, they may 
agree on another qualified justice to try the case.  If the parties 
fail to agree at the first term of the court after service is 
perfected, the county judge shall, on application of the justice or 
either party, appoint a qualified justice [person] to try the case.  
The disqualification, absence, or illness of the justice and the 
selection by agreement or appointment of another person to try the 
case shall be noted on the docket of the justice.
	(b)  If a justice is [temporarily] unable to perform official 
duties because of absence, recusal, illness, injury, or other 
disability for a period exceeding 5 days, the county judge may 
appoint a qualified justice of the peace [person] to serve as 
visiting [temporary] justice for the duration of the disability.  
The commissioners court shall compensate the visiting [temporary] 
justice [by the day, week, or month] in an amount equal to the 
compensation of the regular justice for the time period served by 
the visiting justice.  A visiting [temporary] justice has all the 
rights and powers of the justice of the peace while serving in that 
capacity but may not make personnel decisions about, or significant 
changes in, the justice of the peace's office where the visiting 
justice is serving.
	(c)  In this section [Subsection (b)], "qualified justice of 
the peace [person]" means a person who is currently serving as a 
justice of the peace with at least 5 years experience or a retired 
justice of the peace [has served as a justice of the peace for not 
less than 4-1/2 years and who has not been convicted of a criminal 
offense that involves moral turpitude].
	(d)  A qualified justice of the peace [person] appointed 
under Subsection (b) may reside in a county other than the county in 
which the qualified justice of the peace [person] is appointed as a 
visiting [temporary] justice of the peace.
	[(e)  The county judge may appoint any qualified voter under 
Section 11.002, Election Code, to serve as a temporary justice of 
the peace if the judge cannot find a qualified person who agrees to 
serve under Subsection (b).]