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.