Texas 2025 - 89th Regular

Texas House Bill HB2920 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10564 BCH-D
2	2	By: Y. Davis of Dallas H.B. No. 2920
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appointment of a special or temporary justice of the
10	10	peace.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 27.055, Government Code, is amended by
13	13	amending Subsections (a), (b), (e), (f), and (g) and adding
14	14	Subsection (h) to read as follows:
15	15	(a) If a justice of the peace is disqualified from a civil
16	16	case, is sick, or is absent from the precinct, the parties may agree
17	17	on a person to try the case. If the parties fail to agree at the
18	18	first term of the court after service is perfected, the
19	19	commissioners court [county judge] shall, on application of the
20	20	justice or either party, appoint a qualified person to try the case.
21	21	The disqualification, absence, or illness of the justice and the
22	22	selection by agreement or appointment of another person to try the
23	23	case shall be noted on the docket of the justice.
24	24	(b) If a justice is temporarily unable to perform official
25	25	duties because of absence, recusal, illness, injury, or other
26	26	emergency or disability, the commissioners court [county judge], on
27	27	the court's [judge's own] motion or at the request of the justice of
28	28	the peace, may appoint a qualified person to serve as temporary
29	29	justice for the duration of the absence of the justice of the peace
30	30	from the bench. The commissioners court shall compensate the
31	31	temporary justice by the day, week, or month in an amount equal to
32	32	the compensation of the regular justice. If the temporary justice
33	33	is also serving as a justice of the peace in another justice
34	34	precinct in the county, the commissioners court may authorize
35	35	reimbursement for the mileage expenses incurred in performing the
36	36	official duties of the temporary justice's appointment,
37	37	notwithstanding Chapter 152, Local Government Code. A temporary
38	38	justice has all the rights and powers of the justice of the peace
39	39	while serving in that capacity but may not make personnel decisions
40	40	about, or significant changes in, the justice of the peace's
41	41	office.
42	42	(e) The commissioners court [county judge] may appoint any
43	43	qualified voter under Section 11.002, Election Code, who has
44	44	experience and knowledge relevant to judicial or justice court
45	45	processes and procedures and is approved by the commissioners court
46	46	[county judge] and a justice of the peace in the county, to serve as
47	47	a temporary justice of the peace if the commissioners court [judge]
48	48	cannot find a qualified person who agrees to serve under this
49	49	section.
50	50	(f) In a county that has a population of more than 800,000
51	51	and that has not more than five justices of the peace, the
52	52	commissioners court [county judge] may appoint a qualified person
53	53	to serve as a temporary justice of the peace to hold court when
54	54	necessary to dispose of accumulated business in the precinct. The
55	55	commissioners court [county judge] may designate the local
56	56	administrative statutory county court judge to act on behalf of the
57	57	commissioners court [county judge] in making the appointment under
58	58	this subsection.
59	59	(g) This subsection applies to a county with a population of
60	60	at least 135,000 but not more than 145,000, with territory less than
61	61	940 square miles that includes a state park, and with not more than
62	62	two justice precincts provided that at least one of the precincts
63	63	contains all or part of a municipality with a population of at least
64	64	195,000 but not more than 205,000. The commissioners court [county
65	65	judge] of a county to which this subsection applies may appoint a
66	66	qualified person to serve as a temporary justice of the peace for
67	67	the precinct within which a municipality or part of a municipality
68	68	is located to hold court and perform the duties of the justice when
69	69	necessary to dispose of accumulated business in the precinct.
70	70	(h) A commissioners court's appointment of a special or
71	71	temporary justice of the peace under this section or, as
72	72	applicable, the designation of a local administrative statutory
73	73	county court judge to act on behalf of the commissioners court in
74	74	making an appointment under Subsection (f) must be unanimous.
75	75	SECTION 2. The changes in law made by this Act apply only to
76	76	a special or temporary justice of the peace appointed on or after
77	77	the effective date of this Act.
78	78	SECTION 3. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2025.