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


Office of House Bill AnalysisH.B. 535
By: Thompson
Judicial Affairs
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

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.  Prior to the 77th
Legislature, when  a visiting judge took the oath of office to preside over
a statutory county court, the court clerk was required to enter into the
court's minutes of a proceeding a record containing the oath.  There was
concern that since the court's minutes contain the entirety of a
proceeding, a visiting judge might have had to take an oath at every court
proceeding.  It may be more convenient to create a file that exclusively
keeps administrative orders, including administered 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.