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.