HBA-KMH H.B. 1608 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1608
By: Thompson
Judicial Affairs
3/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the law governing constitutional county judges is vague as to
whether a judge who is a licensed attorney may practice law in courts in
which the judge has no jurisdiction.  Many constitutional county judges in
smaller counties have small salaries and need to supplement their income.
H.B. 1608 allows a constitutional county judge to practice law in courts
where the judge has no jurisdiction. 

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 Subchapter A, Chapter 26, Government Code by adding
Section 26.007, as follows: 

Sec.  26.007.  PRIVATE PRACTICE BY COUNTY JUDGE; LIMITATION.  Authorizes a
county judge who is licensed to practice law in this state to engage in the
private practice of law.  Prohibits a judge from appearing or pleading as
an attorney in the judge's court or in any court in this state over which
the judge's court exercises appellate jurisdiction. 

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