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.