| 1 | 1 | | 82R2376 KFF-D |
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| 2 | 2 | | By: Kleinschmidt H.B. No. 462 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the assignment of special judges in county courts in |
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| 8 | 8 | | certain counties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 26, Government Code, is |
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| 11 | 11 | | amended by adding Section 26.018 to read as follows: |
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| 12 | 12 | | Sec. 26.018. ASSIGNMENT OF SPECIAL JUDGE IN CERTAIN |
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| 13 | 13 | | COUNTIES. (a) This section applies only to a county in which there |
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| 14 | 14 | | are no statutory county courts or statutory probate courts. |
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| 15 | 15 | | (b) If the county judge is absent or for any reason unable to |
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| 16 | 16 | | preside over the county court, the county judge, by written order of |
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| 17 | 17 | | appointment, may appoint a special judge to hear criminal, |
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| 18 | 18 | | juvenile, and civil cases. The order of appointment shall state the |
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| 19 | 19 | | period of appointment. |
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| 20 | 20 | | (c) The county judge shall appoint the special judge from a |
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| 21 | 21 | | list of attorneys approved as qualified by the commissioners court. |
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| 22 | 22 | | To be eligible to be selected for the list, a person must be a |
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| 23 | 23 | | licensed attorney in this state who has practiced law for more than |
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| 24 | 24 | | five years. |
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| 25 | 25 | | (d) Before performing any duties as a special judge, a |
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| 26 | 26 | | person appointed to serve as a special judge shall take and sign the |
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| 27 | 27 | | oath of office required by the constitution for county judges. |
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| 28 | 28 | | (e) The county clerk shall enter a record of the order of |
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| 29 | 29 | | appointment and the oath of office into the general minutes of the |
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| 30 | 30 | | court. |
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| 31 | 31 | | (f) A special judge has the same authority as a county judge |
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| 32 | 32 | | when presiding over criminal, juvenile, or civil cases, but has no |
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| 33 | 33 | | authority to preside over commissioners court meetings or over the |
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| 34 | 34 | | general administration of county business that is within the |
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| 35 | 35 | | jurisdiction of the commissioners court. |
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| 36 | 36 | | (g) The county shall compensate the special judge at a rate |
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| 37 | 37 | | determined by the commissioners court before the special judge is |
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| 38 | 38 | | appointed. |
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| 39 | 39 | | (h) During the period of appointment the special judge: |
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| 40 | 40 | | (1) may not practice law; and |
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| 41 | 41 | | (2) is subject to the Code of Judicial Conduct. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2011. |
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