HBA-KMH H.B. 1833 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1833 By: Counts Judicial Affairs 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no system available to justices of the peace and municipal court judges to identify them as members of the judicial system. Some instances in which identification as a judge might be helpful are juvenile and truancy hearings in facilities outside the judge's jurisdiction, split jurisdictions, and if it is necessary for a judge or justice to make a family violence arrest. Another bill introduced this session would authorize judges to carry a weapon. In this instance, the identification would be needed to prove that the weapon is being carried legally. H.B. 1833 requires the Office of Court Administration of the Texas Judicial System, upon notification as prescribed by municipalities and counties, to issue identification cards to elected and appointed municipal judges and justices of the peace. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to Office of Court Administration of the Texas Judicial System in SECTION 1 (Sections 72.101 and 72.102, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 72, Government Code, by adding Subchapter F, as follows: SUBCHAPTER F. JUSTICE OF THE PEACE OR MUNICIPAL COURT JUDGE IDENTIFICATION CARD Sec. 72.101. RULES. Requires the Office of Court Administration of the Texas Judicial System (office) to adopt rules for administering this subchapter. Sec. 72.102. FORM OF IDENTIFICATION CARD. Requires the office, by rule, to adopt the form of an identification card issued under this subchapter. Provides the contents of the identification card. Sec. 72.103. NOTICE OF APPOINTMENT OR ELECTION. Requires the governing body of a municipality, within 15 days of a person's appointment or election as judge of a municipal court, to notify the office in writing of the appointment or election. Requires the commissioners court of a county, within 15 days of a person's appointment or election as justice of a justice court in that county, to notify the office in writing of the appointment or election. Sec. 72.104. ISSUANCE OF IDENTIFICATION CARD. Requires the office to issue an appropriate card to judge or justice within 30 days after the date notice under Section 72.103 is received. Sec. 72.105. EXPIRATION. Provides that an identification card issued under this subchapter expires on the date the judge's term of office expires. Sec. 72.106. FEE. Authorizes the office to charge a fee for issuing an identification card under this subchapter in an amount necessary to cover the costs of administering this subchapter. SECTION 2. (a) Requires the Office of Court Administration of the Texas Judicial System to adopt rules and a form of an identification card as required by Subchapter F, Government Code, as added by this Act, not later than October 1, 1999. (b) Requires the governing body of a county or municipality to notify the Office of Court Administration of the Texas Judicial System, as required by Section 72.103, Government Code, as added by this Act, of an appointment or election occurring on or after October1, 1999. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.