BILL ANALYSIS S.B. 1448 By: Wentworth Jurisprudence 4-20-95 Committee Report (Unamended) BACKGROUND Current eligibility requirements for service as a visiting judge lack coherence and consistency. PURPOSE As proposed, S.B. 1448 authorizes certain former and retired judges to serve as visiting judges. 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 74.003, Government Code, by amending Subsections (b), (c), and (e) and adding Subsection (g), as follows: (b) Includes former justices or judges of the supreme court, of the court of criminal appeals, or of a court of appeals in the list of persons whom the chief justice of the supreme court may assign to the court of appeals for active services regardless of whether a vacancy exists in the court to which the justice is assigned. (c)-(e) Make conforming changes. (g) Subjects an assignment under this section to the requirements of Section 74.055. SECTION 2. Amends Section 74.041, Government Code, by adding Subdivision (2) and redesignating the remaining subdivisions to redefine "former judge" or "former justice." SECTION 3. Amends Section 74.0551(b), Government Code, to delete a provision requiring a retired or former judge's initial certification of willingness not to appear and plead to be made within 90 days after the person leaves active service. SECTION 4. Amends Chapter 74C, Government Code, by adding Section 74.0561, as follows: Sec. 74.0561. FORMER STATUTORY AND CONSTITUTIONAL COUNTY COURT JUDGES. Authorizes a former statutory or constitutional county court judge to elect to become a judicial officer by sending notice to the presiding judge of the judicial region in which the electing judge resides within a certain time period and complying with the requirements of Section 74.055. SECTION 5. Amends Section 75.002(b), Government Code, to make conforming changes. SECTION 6. Repealer: Section 74.053(d), Government Code (Objection to Assigned Judge). Repealer: Chapter 75C, Government Code (Senior District Judges for the First Administrative Judicial Region). SECTION 7. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 8. Emergency clause.