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                                                                  S.B. No. 436




AN ACT

relating to the records of a justice of the peace.                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 27.004, Government Code, is amended to 
read as follows:  
	Sec. 27.004.  RECORDS AND OTHER PROPERTY.  (a)  Each justice 
shall arrange and safely keep all dockets, books, and papers 
transmitted to the justice by the justice's predecessors in office, 
and all papers filed in a case in justice court, subject to the 
public access requirements prescribed by Rule 12, Rules of Judicial 
Administration [inspection of any interested party at reasonable 
times].
	(a-1)  If a person vacates the office of justice of the 
peace, the person shall transfer all court records, documents, 
property, and unfinished business to the person's successor on the 
date the successor takes office.  After the transfer, the business 
of the office must be completed as if the successor had begun the 
business.
	(b)  A person who has possession of dockets, books, or papers 
belonging to the office of any justice of the peace shall deliver 
them to the justice on demand.  If the person refuses to deliver 
them, on a motion supported by an affidavit, the person [he] may be 
attached and imprisoned by the order of the county judge until the 
person makes delivery.  The county judge may issue the order in 
termtime or vacation.  [The motion must be supported by affidavit.]  
The person against whom the motion is made must be given three days' 
notice of the motion before the person may be attached.
	SECTION 2.  (a)  The change in law made by Subsection (a), 
Section 27.004, Government Code, as amended by this Act, applies to 
dockets, books, and papers transferred and papers filed before, on, 
or after the effective date of this Act.
	(b)  The change in law made by Subsection (b), Section 
27.004, Government Code, as amended by this Act, applies to a motion 
filed on or after the effective date of this Act.  A motion filed 
before the effective date of this Act is governed by the law in 
effect on the date the motion was filed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 436 passed the Senate on 
March 31, 2005, by the following vote:  Yeas 30, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 436 passed the House on 
May 20, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor