commissioners court picks fill-in justices of the peace

The text as introduced · 781 words

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.