HBA-RBT H.B. 1606 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1606
By: Thompson
Judicial Affairs
3/9/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 1606 provides for the appointment or assignment of visiting judges,
rather than special judges, when the judge of a county court is absent,
disqualified, or disabled. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.003, Government Code, to provide that if a
county judge fails to appear at the appointed time for court and a visiting
judge, rather than a special judge, is not appointed, rather than elected,
the sheriff shall adjourn the court from day to day for three days. Makes
conforming changes. 

SECTION 2.  Amends Section 26.004(b), Government Code, to make conforming
changes. 

SECTION 3.  Amends the heading of Subchapter B, Chapter 26, Government
Code, as follows: 

SUBCHAPTER B.  APPOINTMENT OF VISITING JUDGE

SECTION 4.  Amends Section 26.011, Government Code, as follows:

Sec, 26.011.  New title: ASSIGNMENT OF VISITING JUDGE.  Provides for the
appointment of a visiting judge if a county judge is absent, incapacitated,
or disqualified in a civil or criminal case.  Makes conforming changes. 

SECTION 5.  Amends Section 26.012, Government Code, as follows:

Sec.  26.012.  New title:  ASSIGNMENT OF VISITING JUDGE FOR PROBATE,
GUARDIANSHIP, AND MENTAL HEALTH MATTERS.  Provides for the appointment of a
visiting judge in a probate, guardianship, or  mental health matter.
Deletes text regarding compensation of a special judge and the requirement
of a commissioners court to budget a sum for payment of special judges.
Makes conforming changes. 

SECTION 6.  Amends Section 26.015, Government Code, as follows:

Sec.  26.015.  New title: VISITING JUDGE TO TAKE OATH.  Requires a visiting
judge to take the oath of office as required by the constitution.  Makes
conforming changes. 

SECTION 7.  Amends Section 26.016, Government Code, to make conforming
changes. 

SECTION 8.  Amends the heading to Subchapter C, Chapter 26, Government
Code, as follows: 

SUBCHAPTER C.  APPOINTMENT OF VISITING JUDGES IN CERTAIN COUNTIES

 SECTION 9.  Amends Section 26.022, Government Code, to make conforming
changes. 

SECTION 10.  Amends Section 26.023, Government Code, to make conforming
changes. 

SECTION 11.  Amends Section 26.024, Government Code, to make conforming
changes. 

SECTION 12.  Amends Section 26.026, Government Code, as follows:

Sec.  26.026.  New title: COMPENSATION OF VISITING JUDGE.  Entitles a
visiting judge to compensation according to law for each day the judge
sits, rather than 1/365 of a county judge's salary.  Makes conforming and
nonsubstantive changes. 

SECTION 13.  Amends Section 26.027, Government Code, to make conforming
changes. 

SECTION 14.  Repealer: Section 26.013 (Disqualification of Special Judge)
and 26.014 (Election of Special Judge), Government Code, and Articles 30.03
(County Judge Disqualified, Absent, or Disabled), 30.04 (Special Judge to
Take Oath), 30.05 (Record Made by Clerk), and 30.06 (Compensation), Code of
Criminal Procedure. 

SECTION 15.  Effective date: September 1, 1999.
   Makes application of this Act prospective.

SECTION 16.  Emergency clause.