HBA-EDN H.B. 3662 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3662
By: Thompson
Judicial Affairs
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the presiding judge of the Harris County justice courts
(presiding judge) has no other duties than to preside over meetings of the
justices of the peace and to appoint special judges from among a pool of
former judges of the justice courts, statutory county courts, and district
courts of the state.  Additionally, local rules may only be adopted with a
unanimous vote of the justices of the peace.  House Bill 3662 expands the
duties of the presiding judge of Harris County as well as the list of
qualified persons available for appointment as a special judge.  The bill
also authorizes a local rule to be adopted by a two-thirds vote of the
justices 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. 

ANALYSIS

House Bill 3662 amends the Government Code to require the presiding judge
of Harris County to: 

_keep a record of the decisions of the judges;

_appoint special or standing committees necessary for court management and
administration; 

_implement local rules, including assignment, docketing, transfer, and
hearings of cases; and 

_provide statistical and management information requested by the supreme
court or the Office of Court Administration of the Texas Judicial System. 

H.B. 3662 authorizes a local rule to be adopted by a two-thirds vote of the
justices of the peace, rather than only by a unanimous vote. 

The bill includes additional persons qualified by law as persons available
for appointment as special judges if a justice of the peace of Harris
County is absent or for any reason unable to preside. 

EFFECTIVE DATE

September 1, 2001.