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
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   2-29  Name:  Harry Tindall                             x
   2-30  Representing:  Self
   2-31  City:  Houston
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