HBA-GUM, KMH H.B. 2534 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2534
By: Thompson
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1987 when Subchapter B (General Provisions Relating to Statutory Probate
Courts), Chapter 25 (Statutory County Courts), Government Code, was
specifically added for the provisions governing statutory probate courts,
the legislature failed to duplicate all the provisions applicable to
statutory probate courts in the newly created chapter. 

Prior to the 76th Texas Legislature, the oath provision required visiting
judges to take a new oath of office for each assignment, and contained
outdated language which referred to visiting judges as "special judges."  

H.B. 2534 provides that a visiting judge of a statutory court is required
to file the oath with the court in which the judge is assigned to preside
and provisions for managing the filed oaths for future appointments of the
visiting judge.  This bill also changes the language referring to "special
judges" as well as providing equal provisions as to oaths for visiting
judges of statutory probate courts. 

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 25.0017, Government Code, as follows:

Sec.  25.0017.  New Title: VISITING JUDGE TO TAKE OATH.  (a) Requires a
person who is a retired or former judge to take the oath of office required
by the constitution and file the oath with the regional presiding judge,
before accepting an assignment as a visiting judge of a statutory county
court, rather than when serving as a special judge, after being agreed on,
elected, or appointed.  Makes conforming and nonsubstantive changes. 

(b) Requires a regional presiding judge to maintain a file containing the
oaths of office filed with the judge under Subsection (a). 

(c) Authorizes a retired or former judge to be assigned as a visiting judge
of a statutory county court only if the judge has filed with the regional
presiding judge an oath of office as required by this section. 

SECTION 2.  Amends Section 25.0018, Government Code, to make conforming and
nonsubstantive changes. 

SECTION 3.  Amends Subchapter B, Chapter 25, Government Code, by adding
Section 25.00221, as follows: 

Sec.  25.00221.  VISITING JUDGE TO TAKE OATH; RECORD.  (a) Provides that
this section applies to the assignment of a retired or former judge as a
visiting judge of a statutory probate court under Section 25.0022
(Assignment of Judges of Statutory Probate Courts). 

 (b) Requires a person who is a retired or former judge to take and oath of
office required by the constitution and file the oath with the presiding
judge of the statutory probate courts. 

(c) Requires the presiding judge to maintain a file containing the oaths of
office filed with the judge under Subsection (b). 

(d) Authorizes a retired or former judge to be assigned as a visiting judge
of a statutory probate court only if the judge has filed with the presiding
judge an oath of office as required by this section. 

(e) Requires the clerk to enter in the minutes as part of the proceedings
in the cause a record that gives the visiting judge's name and shows that
the judge of the court was disqualified, absent, or disabled to try the
cause; the visiting judge was appointed; and the oath of office prescribed
by law for a retired or former judge who is appointed as a visiting judge
was duly administered to the visiting judge and filed with the presiding
judge. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.