Bill

HB 431

85(R) - 2017
House Judiciary & Civil Jurisprudence
House State Affairs
House Judiciary & Civil Jurisprudence
House State Affairs
Civil Justice
Civil Procedure
Local Government

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Will Metcalf

Sponsor(s)

Brandon Creighton

Bill Caption

Relating to a temporary justice of the peace.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

Under current law, the parties may agree on a person to try a case if the justice of the peace is disqualified from a civil case, sick, or absent. A county judge may appoint a qualified person to temporarily serve as a justice during the person’s disability.

 

HB 431 amends Government Code relating to the procedures of appointing a temporary justice of the peace. The bill would clarify that a county judge may at their own motion or at the request of a justice of the peace assign a replace to serve throughout the duration of the the justice of the peace’s absence.

Vote Recommendation Notes

The authority to make procedural changes to the rules regulating the administrative activities of local judges is within the legitimate responsibility of the state government. The provisions of this bill do not appear to have a connection to our liberty principles. Therefore, we remain neutral on HB 431.

Organizations Supporting

Texas Apartment Association
Texas Association of Counties