Relating to the appointment of a special or temporary justice of the peace.

89(R) HB 2920 - House Committee Report version - Bill Text

89R20886 BCH-D

By: Y. Davis of Dallas

H.B. No. 2920

Substitute the following for H.B. No. 2920:

By: Leach

C.S.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 (b-1) 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 county judge

or a county employee the county judge designates
shall, on

application of the justice or either party, appoint
from the list

the justice of the peace provides under Subsection (b-1)
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

disability, the county judge
or a county employee the county judge

designates
, on the judge's own motion or at the request of the

justice of the peace, may appoint
from the list the justice of the

peace provides under Subsection (b-1)
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.

(b-1)

Not later than the 30th day after the first day of each

term to which a justice of the peace is elected or appointed, the

justice of the peace shall provide to the county judge of the county

in which the justice of the peace serves a list of three individuals

who are qualified to serve as a temporary justice of the peace under

this section and whom the justice of the peace would like to serve

in the justice of the peace's absence.

The justice of the peace at

any time may amend the list submitted under this subsection.

(e) The county judge
or a county employee the county judge

designates
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 county judge and a justice of the peace in the county, to

serve
] as a temporary justice of the peace
,
if the judge cannot find

a qualified person who agrees to serve under this section
, any

person who:

(1)

is a qualified voter under Section 11.002,

Election Code;

(2)

resides in the justice precinct served by the

justice court to which the person is appointed;

(3)

has completed training in the relevant judicial or

justice court processes and procedures;

(4)

is approved by the county judge and a justice of

the peace in the county;

(5)

is not currently the subject of an inquiry or

investigation conducted by the State Commission on Judicial Conduct

under Chapter 33, the state bar under Subchapter E, Chapter 81, or

the Texas Ethics Commission under Chapter 571; and

(6)

is not a party in a matter pending before the

justice court or before another court of the county served by the

justice court relating to a matter before the justice court
.

(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 county

judge
or a county employee the judge designates
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

justice
precinct. The county judge may designate the local

administrative statutory county court judge to act on behalf of the

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 county judge of a county to

which this subsection applies
or a county employee the judge

designates
may appoint a qualified person to serve as a temporary

justice of the peace for the
justice
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.

SECTION 2. (a) Notwithstanding Section 27.055(b-1),

Government Code, as added by this Act, a justice of the peace

serving on the effective date of this Act shall submit to the county

judge of the county served by the justice of the peace a list

described by that subsection not later than the 30th day after the

effective date of this Act.

(b) 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.