89R10564 BCH-D
By: Y. Davis of Dallas H.B. No. 2920
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a special or temporary justice of the
peace.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.055, Government Code, is amended by
amending Subsections (a), (b), (e), (f), and (g) and adding
Subsection (h) to read as follows:
(a) If a justice of the peace is disqualified from a civil
case, is sick, or is absent from the precinct, the parties may agree
on a person to try the case. If the parties fail to agree at the
first term of the court after service is perfected, the
commissioners court [county judge] shall, on application of the
justice or either party, appoint a qualified person to try the case.
The disqualification, absence, or illness of the justice and the
selection by agreement or appointment of another person to try the
case shall be noted on the docket of the justice.
(b) If a justice is temporarily unable to perform official
duties because of absence, recusal, illness, injury, or other
emergency or disability, the commissioners court [county judge], on
the court's [judge's own] motion or at the request of the justice of
the peace, may appoint a qualified person to serve as temporary
justice for the duration of the absence of the justice of the peace
from the bench. The commissioners court shall compensate the
temporary justice by the day, week, or month in an amount equal to
the compensation of the regular justice. If the temporary justice
is also serving as a justice of the peace in another justice
precinct in the county, the commissioners court may authorize
reimbursement for the mileage expenses incurred in performing the
official duties of the temporary justice's appointment,
notwithstanding Chapter 152, Local Government Code. A temporary
justice has all the rights and powers of the justice of the peace
while serving in that capacity but may not make personnel decisions
about, or significant changes in, the justice of the peace's
office.
(e) The commissioners court [county judge] may appoint any
qualified voter under Section 11.002, Election Code, who has
experience and knowledge relevant to judicial or justice court
processes and procedures and is approved by the commissioners court
[county judge] and a justice of the peace in the county, to serve as
a temporary justice of the peace if the commissioners court [judge]
cannot find a qualified person who agrees to serve under this
section.
(f) In a county that has a population of more than 800,000
and that has not more than five justices of the peace, the
commissioners court [county judge] may appoint a qualified person
to serve as a temporary justice of the peace to hold court when
necessary to dispose of accumulated business in the precinct. The
commissioners court [county judge] may designate the local
administrative statutory county court judge to act on behalf of the
commissioners court [county judge] in making the appointment under
this subsection.
(g) This subsection applies to a county with a population of
at least 135,000 but not more than 145,000, with territory less than
940 square miles that includes a state park, and with not more than
two justice precincts provided that at least one of the precincts
contains all or part of a municipality with a population of at least
195,000 but not more than 205,000. The commissioners court [county
judge] of a county to which this subsection applies may appoint a
qualified person to serve as a temporary justice of the peace for
the precinct within which a municipality or part of a municipality
is located to hold court and perform the duties of the justice when
necessary to dispose of accumulated business in the precinct.
(h) A commissioners court's appointment of a special or
temporary justice of the peace under this section or, as
applicable, the designation of a local administrative statutory
county court judge to act on behalf of the commissioners court in
making an appointment under Subsection (f) must be unanimous.
SECTION 2. The changes in law made by this Act apply only to
a special or temporary justice of the peace appointed on or after
the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.