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AN ACT
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relating to the appointment of a retired or former judge as a |
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visiting judge in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.012, Government Code, is amended to |
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read as follows: |
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Sec. 26.012. ASSIGNMENT OF VISITING JUDGE FOR PROBATE, |
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GUARDIANSHIP, AND MENTAL HEALTH MATTERS. (a) If the county judge |
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is absent, incapacitated, recused, or disqualified to act in a |
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probate, guardianship, or mental health matter, a visiting judge |
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shall be assigned in accordance with Section 25.0022(h). |
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(b) Notwithstanding Section 25.0022(t)(4), a visiting judge |
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may be assigned under this section if the judge has served as an |
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active judge for at least 48 months in a statutory probate court. |
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SECTION 2. Subchapter C, Chapter 26, Government Code, is |
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amended by adding Section 26.020 to read as follows: |
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Sec. 26.020. DEFINITION. In this subchapter, "former |
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constitutional county judge" means a person who: |
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(1) served as a judge for at least 96 months in a |
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constitutional county court; or |
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(2) served as a judge for at least 48 months in a |
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constitutional county court and who is a licensed attorney in this |
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state. |
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SECTION 3. Section 26.023(a), Government Code, is amended |
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to read as follows: |
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(a) The county judge may appoint a retired judge, former |
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constitutional county judge, or a constitutional county judge from |
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another county as a visiting judge when the county judge is absent |
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from the county or absent because of physical incapacity. |
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SECTION 4. Section 26.024(a), Government Code, is amended |
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to read as follows: |
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(a) The county judge may appoint a retired judge, former |
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constitutional county judge, or a constitutional county judge from |
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another county as a visiting judge to share the bench if the county |
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judge finds that the dockets of the county court reflect a case load |
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that the county judge considers to be in excess of that which can be |
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disposed of properly in a manner consistent with the efficient |
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administration of justice. |
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SECTION 5. Section 25.0022(t-1), Government Code, is |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 103 was passed by the House on May 4, |
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2023, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 103 was passed by the Senate on May |
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19, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |