HBA-GUM H.B. 3811 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3811
By: Allen
Judicial Affairs
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

In 1995, the Texas Legislature authorized the creation of the Municipal
Court of Grand Prairie as a court of record.  The judicial process
established by that legislation reflects the process used by the City of
Dallas.  The process requires the creation of a nominations committee
composed of representatives from the Mexican-American Bar Association, the
J. L. Turner Bar Association, and the Grand Prairie Bar Association.  Two
of these bar associations have little or no connection with Grand Prairie.
A selection process in which the city manager publicly posts the position,
reviews the applicants, and makes a recommendation subject to city council
approval may reduce cost, improve efficiency, and provide a qualified
diverse judiciary. 

H.B. 3811 requires the city manager to publicly post notice of a vacancy in
the office of municipal court judge or chief municipal court judge.  This
bill authorizes a person to apply for the position of municipal court judge
or chief municipal court judge by submitting to the city manager an
application for the position.  This bill also provides that appointment
must be made from a nomination made by the city manager.  The bill deletes
text relating to the Nominations Advisory Committee. 

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 30.00426(d), Government Code, to require the
city manager to post in a public place notice of any vacancy in the office
of municipal court judge or chief municipal court judge.  Authorizes a
person to apply for the position of municipal court judge or chief judge by
submitting to the city manager an application for the position.  Requires
the city manager to review each application submitted and nominate a
qualified applicant for the position.  Provides that appointments under
Subsection (b) and (c) must be made from a nomination made by the city
manager as provided by this subsection.  Deletes existing text relating to
the Nominations Advisory Committee. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.