By Thompson of Harris H.B. No. 1444
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assignment and compensation of former judges and to
1-3 the qualifications of presiding judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.0022(p), Government Code, is amended
1-6 to read as follows:
1-7 (p) The daily compensation of a retired judge for purposes
1-8 of this section is set at an amount equal to the daily compensation
1-9 <1/365th of the annual salary> of a judge of a statutory probate
1-10 court in the county in which the retired <assigned> judge is
1-11 assigned <served immediately preceding retirement>.
1-12 SECTION 2. Section 74.045, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 74.045. QUALIFICATIONS OF PRESIDING JUDGE. (a) A
1-15 presiding judge must be <at the time of appointment>:
1-16 (1) a regularly elected or retired district judge;
1-17 (2) a former judge with at least 12 years of service
1-18 as a district judge; <or>
1-19 (3) an active court of appeals justice; or
1-20 (4) a former or retired supreme court justice, court
1-21 of criminal appeals judge, or court of appeals justice <a retired
1-22 appellate judge with judicial experience on a district court>.
1-23 (b) If the judge or justice is a retired or former judge or
2-1 justice, he must have voluntarily retired from or left office<,
2-2 must reside within the administrative region,> and must have
2-3 certified his willingness to serve.
2-4 (c) A presiding judge must reside within the administrative
2-5 region at the time of appointment and while serving as presiding
2-6 judge.
2-7 SECTION 3. Section 74.054(a), Government Code, is amended to
2-8 read as follows:
2-9 (a) Except as provided by Subsections (b), <and> (c), and
2-10 (d), the following judges may be assigned as provided by this
2-11 chapter by the presiding judge of the administrative region in
2-12 which the assigned judge resides:
2-13 (1) a regular district, constitutional county, or
2-14 statutory county court judge in this state;
2-15 (2) a district or appellate judge who is a retiree
2-16 under Subtitle D or E of Title 8, who has consented to be subject
2-17 to assignment, and who is on the list maintained by the presiding
2-18 judge under this chapter;
2-19 (3) a former district or appellate judge, retired or
2-20 former statutory probate court judge, or retired or former
2-21 statutory county court judge who certifies to the presiding judge a
2-22 willingness to serve and who is on the list maintained by the
2-23 presiding judge as required by this chapter;
2-24 (4) a retiree or a former judge whose last judicial
2-25 office before retirement was justice or judge of the supreme court,
3-1 the court of criminal appeals, or a court of appeals and who has
3-2 been assigned by the chief justice to the administrative judicial
3-3 region in which the retiree or former judge resides for
3-4 reassignment by the presiding judge of that region to a district or
3-5 statutory county court in the region; and
3-6 (5) an active court of appeals justice who has had
3-7 trial court experience.
3-8 SECTION 4. Section 74.054, Government Code, is amended by
3-9 adding Subsections (d) and (e) to read as follows:
3-10 (d) A former district judge may not be assigned as a
3-11 visiting judge if the former district judge was defeated for
3-12 reelection as a district judge after September 1, 1993.
3-13 (e) A retired judge of a statutory probate court may also
3-14 qualify for assignment under Section 25.0022.
3-15 SECTION 5. Section 74.055(c), Government Code, is amended to
3-16 read as follows:
3-17 (c) To be eligible to be named on the list, a retired or
3-18 former judge must:
3-19 (1) have served as a judge for at least 48 months in a
3-20 district, statutory probate, statutory county, or appellate court;
3-21 (2) have developed substantial experience in the
3-22 judge's area of specialty;
3-23 (3) not have been removed from office;
3-24 (4) certify under oath to the presiding judge, on a
3-25 form prescribed by the state board of regional judges, that the
4-1 judge did not resign from office after having received notice that
4-2 formal proceedings by the State Commission on Judicial Conduct had
4-3 been instituted as provided in Section 33.022 and before the final
4-4 disposition of the proceedings;
4-5 (5) annually demonstrate that the judge has completed
4-6 in the past calendar year the educational requirements for active
4-7 district, statutory probate, and statutory county court judges;
4-8 <and>
4-9 (6) certify to the presiding judge a willingness not
4-10 to appear and plead as an attorney in any court in this state for a
4-11 period of two years; and
4-12 (7) be qualified to serve as a judge under the
4-13 constitution and statutes of the State of Texas.
4-14 SECTION 6. Section 74.059(c), Government Code, is amended to
4-15 read as follows:
4-16 (c) A district, statutory probate, or statutory county court
4-17 judge shall:
4-18 (1) diligently discharge the administrative
4-19 responsibilities of the office;
4-20 (2) rule on a case within 90 days after the case is
4-21 taken under advisement;
4-22 (3) request the presiding judge to assign another
4-23 judge to hear a motion relating to the recusal of the judge from a
4-24 case pending in his court; and
4-25 (4) if an election contest or a suit for the removal
5-1 of a local official is filed in his court, request the presiding
5-2 judge to assign another judge who is not a resident of the county
5-3 to hold a regular or special term of court in that county to
5-4 dispose of the suit.
5-5 SECTION 7. Sections 74.061(e) and (f), Government Code, are
5-6 amended to read as follows:
5-7 (e) When a district, statutory probate, constitutional
5-8 county, or statutory county court judge is assigned under this
5-9 chapter to a court outside his own district or county, the judge,
5-10 in addition to all other compensation authorized by law, is
5-11 entitled to receive his actual expenses in going to and returning
5-12 from his assignment and his actual living expenses while in the
5-13 performance of his duties under the assignment. The county in
5-14 which the duties are performed shall pay the expenses out of the
5-15 general fund of the county on accounts certified and approved by
5-16 the presiding judge of the administrative region for that county.
5-17 (f) When a district, statutory probate, constitutional
5-18 county, or statutory county court judge is assigned under this
5-19 chapter to a court outside his own district or county, the judge,
5-20 in addition to all other compensation and expenses authorized by
5-21 law, is entitled to receive a per diem of $25 for each day or
5-22 fraction of a day that the judge spends outside his district or
5-23 county in the performance of his duties under the assignment. The
5-24 state shall pay the per diem in the same manner that it pays the
5-25 judge's salary on certificates of approval by the chief justice or
6-1 the presiding judge of the administrative region in which the judge
6-2 resides.
6-3 SECTION 8. Section 25.0022(w), Government Code, is amended
6-4 to read as follows:
6-5 (w) Chapter 74 does not apply to the assignment under this
6-6 section of statutory probate court judges.
6-7 SECTION 9. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended,
6-12 and that this Act take effect and be in force from and after its
6-13 passage, and it is so enacted.