Bill Text: TX HB462 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the assignment of special judges in county courts in certain counties.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2011-04-13 - Referred to Jurisprudence [HB462 Detail]
Download: Texas-2011-HB462-Engrossed.html
| 82R2376 KFF-D | ||
| By: Kleinschmidt | H.B. No. 462 | |
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| relating to the assignment of special judges in county courts in | ||
| certain counties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 26, Government Code, is | ||
| amended by adding Section 26.018 to read as follows: | ||
| Sec. 26.018. ASSIGNMENT OF SPECIAL JUDGE IN CERTAIN | ||
| COUNTIES. (a) This section applies only to a county in which there | ||
| are no statutory county courts or statutory probate courts. | ||
| (b) If the county judge is absent or for any reason unable to | ||
| preside over the county court, the county judge, by written order of | ||
| appointment, may appoint a special judge to hear criminal, | ||
| juvenile, and civil cases. The order of appointment shall state the | ||
| period of appointment. | ||
| (c) The county judge shall appoint the special judge from a | ||
| list of attorneys approved as qualified by the commissioners court. | ||
| To be eligible to be selected for the list, a person must be a | ||
| licensed attorney in this state who has practiced law for more than | ||
| five years. | ||
| (d) Before performing any duties as a special judge, a | ||
| person appointed to serve as a special judge shall take and sign the | ||
| oath of office required by the constitution for county judges. | ||
| (e) The county clerk shall enter a record of the order of | ||
| appointment and the oath of office into the general minutes of the | ||
| court. | ||
| (f) A special judge has the same authority as a county judge | ||
| when presiding over criminal, juvenile, or civil cases, but has no | ||
| authority to preside over commissioners court meetings or over the | ||
| general administration of county business that is within the | ||
| jurisdiction of the commissioners court. | ||
| (g) The county shall compensate the special judge at a rate | ||
| determined by the commissioners court before the special judge is | ||
| appointed. | ||
| (h) During the period of appointment the special judge: | ||
| (1) may not practice law; and | ||
| (2) is subject to the Code of Judicial Conduct. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
