HBA-ATS H.B. 1213 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1213
By: Eiland
Judicial Affairs
2/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, justices of the peace in Galveston County are unable to appoint
former justices of the peace to serve during the temporary absence of a
sitting justice of the peace. When a justice of the peace is unable to sit,
judicial proceedings are delayed.  H.B. 1213 allows any county with a
population greater than 215,000 to fill a temporary vacancy by authorizing
the presiding judge of the justices of the peace in that county to appoint
a former justice of the peace or a former county court, statutory county
court, or district court judge of this state to perform the duties of a
justice of the peace during a temporary absence. 

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 Section 75.404, Government Code, as follows:

Sec. 75.404.  New title: PRESIDING JUDGE FOR JUSTICE COURTS IN CERTAIN
COUNTIES.  Adds the provision that Section 75.404 applies only to a county
with a population greater than 215,000.  Authorizes the justices of the
peace in any such county, rather than Harris County, to select from among
themselves a presiding judge.  Redesignates existing Subsections (b)-(k) to
Subsections (c)-(l).  Makes conforming changes. 

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