HBA-ATS H.B. 869 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 869
By: Goodman
Juvenile Justice & Family Issues
2/19/1999
Introduced



BACKGROUND AND PURPOSE 

The Family Code authorizes the appointment of an associate judge to preside
over any aspect of a suit over which the court has jurisdiction under
specific provisions of the Family Code.  An associate judge may conduct
hearings, hear evidence, make findings of fact on evidence, formulate
conclusions of law, recommend an order to be rendered in a case, and
perform other enumerated functions.  When an associate judge is unable to
sit because of illness, vacation, or attendance at a judicial conference,
family law proceedings are hampered.  H.B. 869 allows counties to fill
these vacancies by authorizing the appointment of a visiting associate
judge to perform an associate judge's duties during a temporary absence.
This bill authorizes the appointment of a visiting associate judge only if
the commissioners court of the county in which the court sits authorizes
such employment. 

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 A, Chapter 201, Family Code, by adding
Section 201.018, as follows: 

Sec. 201.018.  VISITING ASSOCIATE JUDGE.  (a) Authorizes the appointment of
a visiting associate judge, if the county commissioners court authorizes
the employment of a visiting associate judge, to perform an associate
judge's duties during the temporary absence or disability of the associate
judge. 

(b) Requires a person to have served as an associate judge for at least six
years to be eligible for appointment as a visiting associate judge. 

(c) Specifies that Sections 201.001 through 201.017 are applicable to a
visiting associate judge. 

(d) Establishes that Section 201.018 is inapplicable to a master appointed
under Subchapter B (Child Support Master). 

SECTION 2.  Emergency clause.
            Effective date: upon passage.