Texas House Bill HB3081

Texas 2019 - 86th Regular

Caption

Relating to a person qualified to serve as a temporary justice of the peace.

Impact

The bill impacts state laws by modifying the existing framework around who can be appointed as a temporary justice of the peace. Under the new guidelines, if a county judge is unable to find someone who meets the stringent qualifications outlined in the bill, they have the option to appoint a qualified voter with relevant experience and knowledge. This flexibility may lead to an improvement in the availability of temporary justices and could enhance the judicial process in locales where filling such roles is challenging.

Summary

House Bill 3081 amends the Government Code to update the qualifications necessary for a person to serve as a temporary justice of the peace in Texas. The bill specifically clarifies that a 'qualified person' must have served as a justice of the peace, county judge, or county court at law judge for a minimum of four years and must not have been convicted of a criminal offense involving moral turpitude. This change is intended to ensure that those acting as temporary justices of the peace have substantial experience and integrity.

Sentiment

The sentiment surrounding HB 3081 appears to be largely positive, particularly among legislators who believe that setting higher qualifications for temporary justices will uphold the integrity of the judicial system. Additionally, the unanimous support during the House and Senate voting indicates a strong bipartisan agreement on the necessity of this legislation. However, some concerns may arise over the implementation and whether it sufficiently addresses the needs of counties facing shortages of qualified candidates.

Contention

One notable point of contention in the discussions surrounding HB 3081 is how the new qualifications might limit the pool of available candidates for the role of temporary justice of the peace, particularly in rural areas where judicial resources may already be scarce. Critics may argue that while the bill aims to enhance qualifications, it could inadvertently hinder the capacity to fill necessary judicial roles swiftly, thus potentially delaying judicial proceedings in those localities.