S.B. No. 2127

AN ACT

relating to the assignment of certain retired and former justices and judges.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 74.003(b), Government Code, is amended to read as follows:

(b) The chief justice of the supreme court may assign a qualified former or retired justice or judge of the supreme court, of the court of criminal appeals, or of a court of appeals to a court of appeals for active service regardless of whether a vacancy exists in the court to which the justice or judge is assigned. To be eligible for assignment under this subsection, a former or retired justice or judge must:

(1) have served as an active justice or judge for at least 72 [96] months in a district, statutory probate, statutory county, or appellate court, with at least 48 of those months in an appellate court;

(2) not have been removed from office;

(3) certify under oath to the chief justice of the supreme court, on a form prescribed by the chief justice, that:

(A) the justice or judge has never been publicly reprimanded or censured by the State Commission on Judicial Conduct; and

(B) the justice or judge:

(i) did not resign or retire from office after the State Commission on Judicial Conduct notified the justice or judge of the commencement of a full investigation into an allegation or appearance of misconduct or disability of the justice or judge as provided in Section 33.022 and before the final disposition of that investigation; or

(ii) if the justice or judge did resign from office under circumstances described by Subparagraph (i), the justice or judge was not publicly reprimanded or censured as a result of the investigation;

(4) annually demonstrate that the justice or judge has completed in the past state fiscal year the educational requirements for active appellate court justices or judges; [and]

(5) certify to the chief justice of the supreme court a willingness not to appear and plead as an attorney in any court of appeals in this state or district, statutory probate, or statutory county court in a county under the jurisdiction of the appellate court to which the justice or judge is assigned for a period of two years; and

(6) certify to the chief justice a willingness not to hear any matter involving a party who is a current or former client of the justice or judge for the duration of the assignment.

SECTION 2. Section 74.041(6), Government Code, is amended to read as follows:

(6) "Retired judge" means:

(A) a retiree; or

(B) a person who served as an active judge for at least 72 [96] months in a statutory probate or statutory county court and has retired under the Texas County and District Retirement System.

SECTION 3. Section 74.055(c), Government Code, is amended to read as follows:

(c) To be eligible to be named on the list, a retired or former judge must:

(1) have served as an active judge for at least 72 [96] months in a district, statutory probate, statutory county, or appellate court;

(2) have developed substantial experience in the judge's area of specialty;

(3) not have been removed from office;

(4) certify under oath to the presiding judge, on a form prescribed by the state board of regional judges, that:

(A) the judge has never been publicly reprimanded or censured by the State Commission on Judicial Conduct; and

(B) the judge:

(i) did not resign or retire from office after the State Commission on Judicial Conduct notified the judge of the commencement of a full investigation into an allegation or appearance of misconduct or disability of the judge as provided in Section 33.022 and before the final disposition of that investigation; or

(ii) if the judge did resign from office under circumstances described by Subparagraph (i), was not publicly reprimanded or censured as a result of the investigation;

(5) annually demonstrate that the judge has completed in the past state fiscal year the educational requirements for active district, statutory probate, and statutory county court judges; [and]

(6) certify to the presiding judge a willingness not to appear and plead as an attorney in any court in the administrative judicial region in which the judge is assigned [this state] for a period of two years; and

(7) certify to the presiding judge a willingness not to hear any matter involving a party who is a current or former client of the judge for the duration of the assignment.

SECTION 4. Sections 74.003(b), 74.041(6), and 74.055(c), Government Code, as amended by this Act, apply only to the assignment of a justice or judge on or after the effective date of this Act. The assignment of a justice or judge before the effective date of this Act is governed by the law in effect on the date of the assignment, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect on the 91st day after the last day of the legislative session.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 2127 passed the Senate on April 24, 2025, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 2127 passed the House on May 23, 2025, by the following vote: Yeas 137, Nays 0, one present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

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Governor