BILL ANALYSIS S.B. 420 By: Carona Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Section 720.002 (Prohibition on Traffic-Offense Quotas), Transportation Code, prohibits a political subdivision or agency of the state from establishing or maintaining, formally or informally, a plan to evaluate, promote, compensate, or discipline certain judges based on the amount of money collected by that judge from traffic offenses. Currently, the law does permit municipalities to consider the amount of money collected from a municipal court or a municipal court of record when evaluating the performance of a judge employed by that municipality. This law clearly presents a conflict of interest since judges are paid through the municipality. In striving for an independent judiciary, it is difficult to judge neutrally when these funds are sought after the municipalities. As proposed, S.B. 420 repeals Section 720.002(c) of the Transportation Code. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. ANALYSIS SECTION 1. Repealer: Section 720.002(c) (regarding the authorization of a municipality to consider the source and amount of money collected from a certain court when evaluating the performance of a judge employed by the municipality), Transportation Code. SECTION 2. Effective date: upon passage or September 1, 2009. EFFECTIVE DATE Upon passage or September 1, 2009.
BILL ANALYSIS
BILL ANALYSIS
S.B. 420
By: Carona
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
S.B. 420
By: Carona
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE
Section 720.002 (Prohibition on Traffic-Offense Quotas), Transportation Code, prohibits a political subdivision or agency of the state from establishing or maintaining, formally or informally, a plan to evaluate, promote, compensate, or discipline certain judges based on the amount of money collected by that judge from traffic offenses. Currently, the law does permit municipalities to consider the amount of money collected from a municipal court or a municipal court of record when evaluating the performance of a judge employed by that municipality. This law clearly presents a conflict of interest since judges are paid through the municipality. In striving for an independent judiciary, it is difficult to judge neutrally when these funds are sought after the municipalities.
As proposed, S.B. 420 repeals Section 720.002(c) of the Transportation Code.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
ANALYSIS
SECTION 1. Repealer: Section 720.002(c) (regarding the authorization of a municipality to consider the source and amount of money collected from a certain court when evaluating the performance of a judge employed by the municipality), Transportation Code.
SECTION 2. Effective date: upon passage or September 1, 2009.
EFFECTIVE DATE
Upon passage or September 1, 2009.