HBA-KMH C.S.H.B. 1833 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1833 By: Counts Judicial Affairs 4/14/1999 Committee Report (Substituted) 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. C.S.H.B. 1833 authorizes the Texas Department of Transportation (TxDOT) to issue an identification certificate to a municipal judge or justice of the peace. 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 Subchapter E, Chapter 521, Transportation Code, by adding Section 521.103, as follows: Sec. 521.103. JUSTICE OF THE PEACE OR MUNICIPAL COURT JUDGE CERTIFICATE. (a) Authorizes the Texas Department of Transportation (TxDOT) to issue a notated personal identification certificate (certificate) to a person who is appointed or elected as the judge of a municipal court (judge) or the justice of a justice court (justice). Authorizes TxDOT to indicate the office on the certificate by word, symbol, or code. (b) Sets forth the contents of an application for the certificate. (c) Provides that the certificate expires on the date the term of office of the judge or justice expires. (d) Prohibits TxDOT from charging a fee for issuing the certificate. SECTION 2. Requires TxDOT to prescribe a form of an application as required by Section 521.103(b), Transportation Code, as added by this Act, not later than October 1, 1999. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1833 modifies the original in SECTION 1 by amending Subchapter E, Chapter 521, Transportation Code, by adding Section 521.103 (Justice of The Peace or Municipal Court Judge Certificate), to authorize the Texas Department of Transportation (TxDOT) to issue a notated personal identification certificate to an appointed or elected municipal judge or justice of a justice court. The original bill proposed to add Subchapter F, Chapter 72, Government Code, relating to the creation of a justice of the peace or municipal court judge identification card. C.S.H.B. 1833 modifies the original in SECTION 2 by requiring TxDOT to prescribe a form of an application required by this Act not later than October 1, 1999, rather than requiring the Office of Court Administration of the Texas Judicial System to adopt rules and a form of an identification card or requiring notification of the appointment or election by the governing body of a county or municipality.