BILL ANALYSIS S.B. 516 By: Henderson Jurisprudence 04-20-95 Committee Report (Unamended) BACKGROUND Currently, a judge may be assigned to a court without the approval of a majority of the judges of the same type of court in the same county. PURPOSE As proposed, S.B. 516 prohibits a judge from being assigned to a district court that gives preference to certain types of cases without the consent of a majority of the district court judges who are required to give that same preference. Requires a judge to not hear a civil case if a party to the case gives a timely objection. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 74.060, Government Code, by adding Subsections (c) and (d), as follows: (c) Prohibits a judge from being assigned to a district court that is not required to give preference to certain matters unless the judge has been approved by a majority of the active district court judges in the county that are not required to give preference to certain matters. (d) Prohibits a judge from being assigned to a district court that is required to give preference to civil matters unless the judge has been approved by a majority of the active district court judges that are required to give preference to civil matters. Prohibits a judge from being assigned to a family district court that is required to give preference to family law matters unless the judge has been approved by a majority of the family district court judges in the county. Prohibits a judge from being assigned to a criminal district court that is required to give preference to criminal matters unless the judge has been approved by a majority of the active criminal district court judges in the county. SECTION 2. Amends Section 74.053, Government Code, to prohibit the assigned judge from hearing a civil case if a party to the case files a timely objection to the assignment except in cases in which the judge is disqualified or recused by statute, rule, or otherwise. Deletes existing Subsection (d). Makes conforming changes. SECTION 3. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 4. Emergency clause.