BILL ANALYSIS



S.B. 165
By: Leedom (Hudson/Davis)
03-14-95
Committee Report (Unamended)


BACKGROUND

     In 1989, by adding Section 74.055, Government Code, S.B. 1564
provided for retired or former judges to apply to be eligible to be
a visiting judge if they made application to the presiding judge
prior to or within 90 days of leaving the bench.

     Currently, several former judges are qualified to be visiting
judges, but did not file a declaration to preserve this future
ability.


PURPOSE

     As proposed, S.B. 165 removes the 90-day window in which a
retired or former judge must be certified to not appear and plead
as an attorney in court.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not grant
any additional rulemaking authority to any state officer,
department, institution, or agency.


SECTION BY SECTION ANALYSIS

SECTION 1.     Amends Section 74.0551(b), Government Code, to
remove the 90-day window in which a retired or former judge is
required to make an initial certification of willingness not to
appear and plead as an attorney after the person leaves active
service.  Makes a conforming change.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
           Effective date: upon passage.  


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted March 8, 1995, in
accordance with House rules, the Committee on Judicial Affairs met
in a public hearing on March 14, 1995, to consider Senate Bill 165. 
The Chair recognized the House sponsor, Rep. Hudson, to explain the
bill.  There were no other witnesses for, against, or neutral on
the bill.  Rep. Alonzo moved that S.B. 165 be reported back to the
full House, without amendment, with the recommendation that it do
pass, be printed and sent to the Committee on Local and Consent
Calendars.  The motion prevailed by the following record vote:  6
ayes, 0 nays, 0 PNV and 3 absent.