HBA-BSM H.J.R. 8 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 8
By: Puente
Judicial Affairs
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

Bexar County Court at Law Nos. 10, 11, and 12 were created in the 76th
legislative session and went into effect on September 1, 1999. The Election
Code provides that once a new office is created, a vacancy occurs on the
effective date of the act creating the office.  Based on this law,
vacancies existed in these courts on September 1, 1999.  The Commissioners
Court of Bexar County was authorized on September 1, 1999 to fill these
vacancies by appointment.  Pursuant to state and constitutional law, the
remainder of the unexpired term for these courts was put on the 2000
primary and general election ballot.  The appointees served through the
next general election which occurred on November 7, 2000.  According to the
constitutional election schedule these judges will be elected for a full
term at the November 5, 2002 general election for state and county officers
in order for them to be on the same election cycle as all statutory county
court at law judges in Texas.  House Joint Resolution 8 changes the
election cycle of the Bexar county courts so that the judges, just elected
in November 2000, have a full term ending on January 1, 2005 rather than
having to run for reelection in November 2002. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Joint Resolution 8 amends the Texas Constitution to provide that the
election and term of office of a judge of County Court at Law Nos. 10 ,11,
and 12 of Bexar County are governed by the law relating to county
attorneys.  The term of office of a judge of County Court at Law Nos. 10,
11, or 12 of Bexar County elected at the general election for state and
county officers in 2000 ends January 1, 2005.   

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.