HBA-KDB H.B. 535 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 535
By: Thompson
Judicial Affairs
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a former or retired statutory county court judge is
authorized by the presiding judge to be appointed as a visiting judge to
hear matters in a statutory county court under certain circumstances. When
a visiting judge takes the oath of office to preside over the statutory
county court, the court clerk is required to enter into the court's minutes
of a proceeding a record containing the oath.  There is concern that since
the court's minutes contain the entirety of a proceeding, a visiting judge
may have to take an oath at every court proceeding.  It may be more
convenient if a file were created that would exclusively keep
administrative orders, such as administration of oaths.  House Bill 535
requires a court clerk of a statutory county court to enter in an
administrative file, rather than the minutes of the court, a record
containing information concerning the appointment of certain visiting
judges. 

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 535 amends the Government Code to require court clerks to enter
in the administrative file, rather than the minutes, a record containing
information concerning the appointment of certain visiting judges to
statutory county courts.  

EFFECTIVE DATE

September 1, 2001.