BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 420

                                                                                                                                          By: Carona

                                                                                                                                      Jurisprudence

                                                                                                                                              9/1/2009

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Section 720.002 (Prohibition on Traffic-Offense Quotas), Transportation Code, prohibits a political subdivision or agency of the state from establishing or maintaining, formally or informally, a plan to evaluate, promote, compensate, or discipline certain judges based on the amount of money collected by that judge from traffic offenses.  Currently, the law does permit municipalities to consider the amount of money collected from a municipal court or a municipal court of record when evaluating the performance of a judge employed by that municipality.  This law clearly presents a conflict of interest since judges are paid through the municipality.  In striving for an independent judiciary, it is difficult to judge neutrally when these funds are sought after by the municipalities.

 

S.B. 420 repeals Section 720.002(c) of the Transportation Code.

 

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.  Repealer: Section 720.002(c) (regarding the authorization of a municipality to  consider the source and amount of money collected from a certain court when evaluating the performance of a judge employed by the municipality), Transportation Code.

 

SECTION 2.  Effective date: upon passage or September 1, 2009.