By: Henderson S.B. No. 1431
A BILL TO BE ENTITLED
AN ACT
1-1 relating to approval of and objection to assignment of certain
1-2 visiting judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 74.060, Government Code, is amended by
1-5 adding Subsections (c) and (d) to read as follows:
1-6 (c) A judge may not be assigned to a district court that is
1-7 not required by statute to give preference to certain matters
1-8 unless the judge has been approved by a majority of the active
1-9 judges of the district courts in the county that are not required
1-10 by statute to give preference to certain matters.
1-11 (d) A judge may not be assigned to a district court that is
1-12 required by statute to give preference to civil matters unless the
1-13 judge has been approved by a majority of the active judges of the
1-14 district courts in the county that are required by statute to give
1-15 preference to civil matters. A judge may not be assigned to a
1-16 family district court or a district court that is required by
1-17 statute to give preference to family law matters unless the judge
1-18 has been approved by a majority of the active judges of family
1-19 district courts and district courts that are required by statute to
1-20 give preference to family law matters in the county. A judge may
1-21 not be assigned to a criminal district court or a district court
1-22 that is required by statute to give preference to criminal matters
1-23 unless the judge has been approved by a majority of the active
1-24 judges of the criminal district courts and district courts that are
2-1 required by statute to give preference to criminal matters in the
2-2 county.
2-3 SECTION 2. Section 74.053, Government Code, is amended to
2-4 read as follows:
2-5 Sec. 74.053. OBJECTION TO ASSIGNED JUDGE. (a) When a judge
2-6 is assigned under this chapter the presiding judge shall, if it is
2-7 reasonable and practicable and if time permits, give notice of the
2-8 assignment to each attorney representing a party to the case that
2-9 is to be heard in whole or part by the assigned judge.
2-10 (b) Except in those cases where the judge is disqualified or
2-11 recused by statute, rule, or otherwise from presiding over the
2-12 case, if <If> a party to a civil case files a timely objection to
2-13 the assignment, the assigned judge shall not hear the case.
2-14 <Except as provided by Subsection (d), each party to the case is
2-15 only entitled to one objection under this section for that case.>
2-16 (c) An objection under this section must be filed before the
2-17 first hearing or trial, including pretrial hearings, over which the
2-18 assigned judge is to preside.
2-19 <(d) A former judge or justice who was not a retired judge
2-20 may not sit in a case if either party objects to the judge or
2-21 justice.>
2-22 SECTION 3. This Act takes effect September 1, 1993, and
2-23 applies only to an assignment of a judge under Chapter 74,
2-24 Government Code, made on or after that date. An assignment made
2-25 before the effective date of this Act is governed by the law in
2-26 effect on the date of assignment, and that law is continued in
2-27 effect for that purpose.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.