BILL ANALYSIS

 

 

Senate Research Center

S.B. 657

85R7129 MK-D

By: Zaffirini

 

State Affairs

 

3/14/2017

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

There are several officers within the judicial branch who are appointed to state positions, including commissioners of the State Commission on Judicial Conduct and the Judicial Branch Certification Commission, as well as associate judges of child support and child protection courts. Current law does not designate a depository for oaths of office for judicial branch state appointed officials, but it is important that they be available for public inspection like those for elected and appointed officials in the executive and legislative branches.

S.B. 657 requires that oaths of office for judicial branch state appointed officials be filed with the Texas Secretary of State. This would align with current law regarding executive and legislative officials� oaths and should provide needed clarity and transparency.

 

As proposed, S.B. 657 amends current law relating to the filing of oaths of office and signed statements by certain judicial officers and judicial appointees with the secretary of state.

 

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 Chapter 602, Government Code, by adding Section 602.007, as follows:

 

Sec. 602.007. FILING OF OATH MADE BY CERTAIN JUDICIAL OFFICERS AND JUDICIAL APPOINTEES. Requires that the oath made and signed statement executed as required by Section 1, Article XVI, Texas Constitution, by any of the following judicial officers and judicial appointees be filed with the secretary of state:

 

(1) an officer appointed by the supreme court, the court of criminal appeals, or the State Bar of Texas; and

 

(2) an associate judge appointed under Subchapter B (Associate Judge for Title IV-D Cases) or C (Associate Judge for Child Protection Cases), Chapter 201 (Associate Judge), Family Code.�

 

SECTION 2. Effective date: upon passage or September 1, 2017.