By Thompson H.B. No. 672
74R3325 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assignment of a retired or former judge of a
1-3 statutory probate court.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 74.054(a), Government Code, is amended to
1-6 read as follows:
1-7 (a) Except as provided by Subsections (b) and (c), the
1-8 following judges may be assigned as provided by this chapter by the
1-9 presiding judge of the administrative region in which the assigned
1-10 judge resides:
1-11 (1) a regular district, constitutional county, or
1-12 statutory county court judge in this state;
1-13 (2) a district or appellate judge who is a retiree
1-14 under Subtitle D or E of Title 8, who has consented to be subject
1-15 to assignment, and who is on the list maintained by the presiding
1-16 judge under this chapter;
1-17 (3) a former district or appellate judge, retired or
1-18 former statutory probate court judge, or retired or former
1-19 statutory county court judge who certifies to the presiding judge a
1-20 willingness to serve and who is on the list maintained by the
1-21 presiding judge as required by this chapter;
1-22 (4) a retiree or a former judge whose last judicial
1-23 office before retirement was justice or judge of the supreme court,
1-24 the court of criminal appeals, or a court of appeals and who has
2-1 been assigned by the chief justice to the administrative judicial
2-2 region in which the retiree or former judge resides for
2-3 reassignment by the presiding judge of that region to a district or
2-4 statutory county court in the region; and
2-5 (5) an active court of appeals justice who has had
2-6 trial court experience.
2-7 SECTION 2. Section 74.054, Government Code, is amended by
2-8 adding Subsection (d) to read as follows:
2-9 (d) A retired judge of a statutory probate court may also
2-10 qualify for assignment under Section 25.0022.
2-11 SECTION 3. Section 74.055(c), Government Code, is amended to
2-12 read as follows:
2-13 (c) To be eligible to be named on the list, a retired or
2-14 former judge must:
2-15 (1) have served as a judge for at least 48 months in a
2-16 district, statutory probate, statutory county, or appellate court;
2-17 (2) have developed substantial experience in the
2-18 judge's area of specialty;
2-19 (3) not have been removed from office;
2-20 (4) certify under oath to the presiding judge, on a
2-21 form prescribed by the state board of regional judges, that the
2-22 judge did not resign from office after having received notice that
2-23 formal proceedings by the State Commission on Judicial Conduct had
2-24 been instituted as provided in Section 33.022 and before the final
2-25 disposition of the proceedings;
2-26 (5) annually demonstrate that the judge has completed
2-27 in the past calendar year the educational requirements for active
3-1 district, statutory probate, and statutory county court judges; and
3-2 (6) certify to the presiding judge a willingness not
3-3 to appear and plead as an attorney in any court in this state for a
3-4 period of two years.
3-5 SECTION 4. Section 74.059(c), Government Code, is amended to
3-6 read as follows:
3-7 (c) A district, statutory probate, or statutory county court
3-8 judge shall:
3-9 (1) diligently discharge the administrative
3-10 responsibilities of the office;
3-11 (2) rule on a case within 90 days after the case is
3-12 taken under advisement;
3-13 (3) request the presiding judge to assign another
3-14 judge to hear a motion relating to the recusal of the judge from a
3-15 case pending in his court; and
3-16 (4) if an election contest or a suit for the removal
3-17 of a local official is filed in his court, request the presiding
3-18 judge to assign another judge who is not a resident of the county
3-19 to hold a regular or special term of court in that county to
3-20 dispose of the suit.
3-21 SECTION 5. Sections 74.061(e) and (f), Government Code, are
3-22 amended to read as follows:
3-23 (e) When a district, statutory probate, constitutional
3-24 county, or statutory county court judge is assigned under this
3-25 chapter to a court outside his own district or county, the judge,
3-26 in addition to all other compensation authorized by law, is
3-27 entitled to receive his actual expenses in going to and returning
4-1 from his assignment and his actual living expenses while in the
4-2 performance of his duties under the assignment. The county in
4-3 which the duties are performed shall pay the expenses out of the
4-4 general fund of the county on accounts certified and approved by
4-5 the presiding judge of the administrative region for that county.
4-6 (f) When a district, statutory probate, constitutional
4-7 county, or statutory county court judge is assigned under this
4-8 chapter to a court outside his own district or county, the judge,
4-9 in addition to all other compensation and expenses authorized by
4-10 law, is entitled to receive a per diem of $25 for each day or
4-11 fraction of a day that the judge spends outside his district or
4-12 county in the performance of his duties under the assignment. The
4-13 state shall pay the per diem in the same manner that it pays the
4-14 judge's salary on certificates of approval by the chief justice or
4-15 the presiding judge of the administrative region in which the judge
4-16 resides.
4-17 SECTION 6. Section 25.0022(w), Government Code, is amended
4-18 to read as follows:
4-19 (w) Chapter 74 does not apply to the assignment under this
4-20 section of statutory probate court judges.
4-21 SECTION 7. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.