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.