BILL ANALYSIS S.B. 1386 By: Wentworth (Goodman) 5-2-95 Committee Report (Amended) BACKGROUND The justices and judges of the supreme court, court of criminal appeals, and the courts of appeals are not eligible to sit as visiting trial judges. Both the judicial system and the individual members of the high courts may benefit from the occasional service of the high court justices and judges on the trial bench. PURPOSE This bill authorizes certain appellate judges or justices to be assigned to serve as a visiting trial judge. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, department or agency. SECTION BY SECTION ANALYSIS SECTION 1 amends Section 74.054(a), Government Code, to authorize an active judge or justice of the supreme court, the court of criminal appeals, or a court of appeals who has had trial court experience, among others, to be assigned as provided by this chapter by the presiding judge of the administrative region in which the assigned judge resides. Makes conforming changes. SECTION 2 amends Section 74.060, Government Code, by adding Subsection (b), to prohibit an active judge or justice of certain courts from being assigned if the judge or justice has served 14 or more days as a visiting judge in the year in which the assignment is to be made. Applies this subsection only to an initial assignment to a case and does not affect a judge's or justice's continuing to sit in a particular case. Makes conforming changes. SECTION 3 amends Section 74.061(g), Government Code, to make conforming changes. SECTION 4. Emergency clause. Effective date. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 prohibits active justices of the supreme court and the courts of appeals and active judges of the court of criminal appeals from being assigned as a visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant or Travis counties. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on April 27, 1995, the Committee on Judicial Affairs met in a public hearing on May 2, 1995, to consider S.B. 1386. The Chair laid out S.B. 1386 and recognized the House sponsor, Rep. Goodman, to explain. Rep. Alonzo offered committee amendment #1. There being no objection, the Chair laid out committee amendment #1 and recognized Rep. Alonzo to explain. Rep. Alonzo moved adoption of the amendment. There being no objection, the amendment was adopted. There were no witnesses. Rep. Alonzo moved that S.B. 1386, as amended, be reported favorably back to the full House with the recommendation that it do pass, be printed and sent to the Local & Consent Calendars Committee. The motion prevailed by the following record vote: 6 ayes, 0 nays, 0 PNV and 3 absent.