1-1 By: Henderson S.B. No. 1431
1-2 (In the Senate - Filed April 26, 1993; April 27, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 May 11, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; May 11, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 1431 By: Henderson
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to approval of and objection to assignment of certain
1-20 visiting judges.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 74.060, Government Code, is amended by
1-23 adding Subsections (c) and (d) to read as follows:
1-24 (c) A judge may not be assigned to a district court that is
1-25 not required by statute to give preference to certain matters
1-26 unless the judge has been approved by a majority of the active
1-27 judges of the district courts in the county that are not required
1-28 by statute to give preference to certain matters.
1-29 (d) A judge may not be assigned to a district court that is
1-30 required by statute to give preference to civil matters unless the
1-31 judge has been approved by a majority of the active judges of the
1-32 district courts in the county that are required by statute to give
1-33 preference to civil matters. A judge may not be assigned to a
1-34 family district court or a district court that is required by
1-35 statute to give preference to family law matters unless the judge
1-36 has been approved by a majority of the active judges of family
1-37 district courts and district courts that are required by statute to
1-38 give preference to family law matters in the county. A judge may
1-39 not be assigned to a criminal district court or a district court
1-40 that is required by statute to give preference to criminal matters
1-41 unless the judge has been approved by a majority of the active
1-42 judges of the criminal district courts and district courts that are
1-43 required by statute to give preference to criminal matters in the
1-44 county.
1-45 SECTION 2. Section 74.053, Government Code, is amended to
1-46 read as follows:
1-47 Sec. 74.053. OBJECTION TO ASSIGNED JUDGE. (a) When a judge
1-48 is assigned under this chapter the presiding judge shall, if it is
1-49 reasonable and practicable and if time permits, give notice of the
1-50 assignment to each attorney representing a party to the case that
1-51 is to be heard in whole or part by the assigned judge.
1-52 (b) Except in those cases where the judge is disqualified by
1-53 statute, rule, or otherwise from presiding over the case, if <If> a
1-54 party to a civil case files a timely objection to the assignment,
1-55 the assigned judge shall not hear the case. <Except as provided by
1-56 Subsection (d), each party to the case is only entitled to one
1-57 objection under this section for that case.>
1-58 (c) An objection under this section must be filed before the
1-59 first hearing or trial, including pretrial hearings, over which the
1-60 assigned judge is to preside.
1-61 <(d) A former judge or justice who was not a retired judge
1-62 may not sit in a case if either party objects to the judge or
1-63 justice.>
1-64 SECTION 3. This Act takes effect September 1, 1993, and
1-65 applies only to an assignment of a judge under Chapter 74,
1-66 Government Code, made on or after that date. An assignment made
1-67 before the effective date of this Act is governed by the law in
1-68 effect on the date of assignment, and that law is continued in
2-1 effect for that purpose.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.
2-7 * * * * *
2-8 Austin,
2-9 Texas
2-10 May 11, 1993
2-11 Hon. Bob Bullock
2-12 President of the Senate
2-13 Sir:
2-14 We, your Committee on Jurisprudence to which was referred S.B. No.
2-15 1431, have had the same under consideration, and I am instructed to
2-16 report it back to the Senate with the recommendation that it do not
2-17 pass, but that the Committee Substitute adopted in lieu thereof do
2-18 pass and be printed.
2-19 Henderson,
2-20 Chairman
2-21 * * * * *
2-22 WITNESSES
2-23 FOR AGAINST ON
2-24 ___________________________________________________________________
2-25 Name: Dan Downey x
2-26 Representing: Self
2-27 City: Houston
2-28 -------------------------------------------------------------------
2-29 Name: Harry Tindall x
2-30 Representing: Self
2-31 City: Houston
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