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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a special or temporary justice of the |
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peace. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 27.055, Government Code, is amended by |
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amending Subsections (a), (b), (e), (f), and (g) and adding |
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Subsection (h) to read as follows: |
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(a) If a justice of the peace is disqualified from a civil |
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case, is sick, or is absent from the precinct, the parties may agree |
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on a person to try the case. If the parties fail to agree at the |
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first term of the court after service is perfected, the |
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commissioners court [county judge] shall, on application of the |
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justice or either party, appoint a qualified person to try the case. |
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The disqualification, absence, or illness of the justice and the |
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selection by agreement or appointment of another person to try the |
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case shall be noted on the docket of the justice. |
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(b) If a justice is temporarily unable to perform official |
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duties because of absence, recusal, illness, injury, or other |
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emergency or disability, the commissioners court [county judge], on |
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the court's [judge's own] motion or at the request of the justice of |
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the peace, may appoint a qualified person to serve as temporary |
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justice for the duration of the absence of the justice of the peace |
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from the bench. The commissioners court shall compensate the |
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temporary justice by the day, week, or month in an amount equal to |
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the compensation of the regular justice. If the temporary justice |
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is also serving as a justice of the peace in another justice |
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precinct in the county, the commissioners court may authorize |
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reimbursement for the mileage expenses incurred in performing the |
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official duties of the temporary justice's appointment, |
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notwithstanding Chapter 152, Local Government Code. A temporary |
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justice has all the rights and powers of the justice of the peace |
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while serving in that capacity but may not make personnel decisions |
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about, or significant changes in, the justice of the peace's |
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office. |
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(e) The commissioners court [county judge] may appoint any |
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qualified voter under Section 11.002, Election Code, who has |
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experience and knowledge relevant to judicial or justice court |
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processes and procedures and is approved by the commissioners court |
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[county judge] and a justice of the peace in the county, to serve as |
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a temporary justice of the peace if the commissioners court [judge] |
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cannot find a qualified person who agrees to serve under this |
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section. |
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(f) In a county that has a population of more than 800,000 |
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and that has not more than five justices of the peace, the |
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commissioners court [county judge] may appoint a qualified person |
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to serve as a temporary justice of the peace to hold court when |
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necessary to dispose of accumulated business in the precinct. The |
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commissioners court [county judge] may designate the local |
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administrative statutory county court judge to act on behalf of the |
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commissioners court [county judge] in making the appointment under |
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this subsection. |
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(g) This subsection applies to a county with a population of |
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at least 135,000 but not more than 145,000, with territory less than |
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940 square miles that includes a state park, and with not more than |
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two justice precincts provided that at least one of the precincts |
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contains all or part of a municipality with a population of at least |
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195,000 but not more than 205,000. The commissioners court [county |
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judge] of a county to which this subsection applies may appoint a |
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qualified person to serve as a temporary justice of the peace for |
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the precinct within which a municipality or part of a municipality |
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is located to hold court and perform the duties of the justice when |
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necessary to dispose of accumulated business in the precinct. |
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(h) A commissioners court's appointment of a special or |
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temporary justice of the peace under this section or, as |
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applicable, the designation of a local administrative statutory |
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county court judge to act on behalf of the commissioners court in |
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making an appointment under Subsection (f) must be unanimous. |
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SECTION 2. The changes in law made by this Act apply only to |
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a special or temporary justice of the peace appointed on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |