BILL ANALYSIS

H.B. 462

By: Kleinschmidt

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Constitutional county court judges who are not attorneys, in counties that do not have a county court at law, face a major problem conducting jury trials and determining the admissibility of evidence since they have inadequate legal training and experience. Provisions of the Government Code relating to court administration authorize a presiding county criminal court at law judge in Harris County to appoint an attorney in good standing to serve as the judge of the court for a fixed period. H.B. 462 follows Harris County's lead and allows a county judge in certain counties to appoint an attorney approved as qualified by the commissioners court to conduct criminal, juvenile, and civil cases.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 462 amends the Government Code to specify that its provisions are applicable only to a county in which there are no statutory county courts or statutory probate courts and to authorize a county judge to appoint, by written order of appointment, a special judge to hear criminal, juvenile, and civil cases if the county judge is absent or for any reason unable to preside over the county court. The bill requires the order of appointment to state the period of appointment. The bill requires the county judge to appoint the special judge from a list of attorneys approved as qualified by the commissioners court. The bill requires a person to be a licensed attorney in Texas who has practiced law for more than five years in order to be eligible to be selected for the list. The bill requires a person appointed to serve as a special judge to take and sign the oath of office required by the state constitution for county judges before performing any duties as a special judge. The bill requires the county clerk to enter a record of the order of appointment and the oath of office into the general minutes of the court. The bill gives a special judge the same authority as a county judge when presiding over criminal, juvenile, or civil cases but prohibits a special judge from presiding over a commissioners court meeting or over the general administration of county business that is within the jurisdiction of the commissioners court. The bill requires the county to compensate the special judge at a rate determined by the commissioners court before the special judge is appointed. The bill prohibits the special judge from practicing law and makes the special judge subject to the Code of Judicial Conduct during the period of appointment.

EFFECTIVE DATE

September 1, 2011.