HBA-KDB C.S.S.B. 250 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 250
By: Harris
Judicial Affairs
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a person who is qualified to serve as a temporary
justice of the peace is only eligible if the person has served as a justice
of the peace for not less than four and one-half years.  There is a
shortage of qualified persons who can serve as temporary justices of the
peace.  C.S.S.B. 250 expands the list of qualified persons who are
authorized to serve as temporary 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

C.S.S.B. 250 amends the Government Code to modify the definition of a
"qualified person" who is authorized to be appointed to serve as a
temporary justice of the peace because of the inability of the justice of
the peace to serve to include a person who has served as a master or
magistrate for a district court; a judge of a constitutional county court,
statutory county court, or district court; or is requested by the regular
justice of the peace of the court to be appointed to serve as temporary
justice of the peace and the request is submitted to the county judge in
writing.  The bill requires a person who is appointed to serve as a
temporary justice of the peace and who serves in that capacity for more
than three days in a calendar year to complete an educational course that
is specifically designed for temporary justices of the peace and provided
by an accredited state-supported school of higher education. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 250 modifies the original bill by providing that a master or
magistrate for a district court  or a judge of a constitutional county
court, statutory county court, or district court does not have to serve for
four and one-half years to be considered a "qualified person."  The
substitute removes from the definition of  "qualified person" a judge of a
municipal court and a person who has served as an attorney for 10 years.
The substitute adds to the definition of  "qualified person" a person who
is requested by the regular justice of the peace of the court to be
appointed to serve as temporary justice of the peace and the request is
submitted to the county judge in writing.  The substitute requires a person
who is appointed to serve as a temporary justice of the peace and who
serves in that capacity for more than three days in a calendar year to
complete an educational course that is specifically designed for temporary
justices of the peace and provided by an accredited state-supported school
of higher education.