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A BILL TO BE ENTITLED
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AN ACT
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relating to the assignment of special judges in county courts in |
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certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 26, Government Code, is |
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amended by adding Section 26.0131 to read as follows: |
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Sec. 26.0131. ASSIGNMENT OF SPECIAL JUDGE IN CERTAIN |
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COUNTIES. (a) This section applies only to a county in which there |
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are no statutory county courts or statutory probate courts. |
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(b) If the county court judge is absent or for any reason |
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unable to preside over the county court, the county judge, by |
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written order of appointment, may appoint a special judge to hear |
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criminal, juvenile, and civil cases. The order of appointment shall |
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state the period of appointment. |
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(c) The county judge shall appoint the special judge from a |
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list of attorneys approved as qualified by the commissioners court. |
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To be eligible to be selected for the list, a person must be a |
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licensed attorney in this state who has practiced law for more than |
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five years. |
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(d) Before performing any duties as a special judge, a |
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person appointed to serve as a special judge shall take and sign the |
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oath of office required by the constitution for county judges. |
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(e) The county clerk shall enter a record of the order of |
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appointment and the oath of office into the general minutes of the |
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court. |
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(f) A special judge has the same authority as a county court |
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judge when presiding over criminal, juvenile, or civil cases, but |
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has no authority to preside over commissioners court meetings or |
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over the general administration of county business that is within |
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the jurisdiction of the commissioners court. |
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(g) The county shall compensate the special judge at a rate |
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determined by the commissioners court before the special judge is |
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appointed. |
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(h) During the period of appointment the special judge: |
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(1) may not practice law; and |
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(2) is subject to the Code of Judicial Conduct. |
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SECTION 2. This Act takes effect September 1, 2009. |