H.B. No. 673
1-1 AN ACT
1-2 relating to the assignment of a former statutory probate court
1-3 judge.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.0022, Government Code, is amended by
1-6 amending Subsections (j), (p), and (s) and adding Subsection (x) to
1-7 read as follows:
1-8 (j) A judge or former or retired judge of a statutory
1-9 probate court may be assigned by the presiding judge as provided by
1-10 this section.
1-11 (p) The daily compensation of a former or retired judge for
1-12 purposes of this section is set at an amount equal to the daily
1-13 compensation of a judge of a statutory probate court in the county
1-14 in which the former or retired judge is assigned.
1-15 (s) The county in which the assigned judge served shall pay
1-16 out of the general fund of the county:
1-17 (1) expenses certified under Subsection (q) to the
1-18 assigned judge; and
1-19 (2) the salary certified under Subsection (q) to the
1-20 county in which the assigned judge serves, or, if the assigned
1-21 judge is a former or retired judge, to the assigned judge.
1-22 (x) To be eligible for assignment under this section a
1-23 former or retired judge of a statutory probate court must:
1-24 (1) not have been removed from office; and
2-1 (2) certify under oath to the presiding judge, on a
2-2 form prescribed by the state board of regional judges, that the
2-3 judge did not resign from office after having received notice that
2-4 formal proceedings by the State Commission on Judicial Conduct had
2-5 been instituted as provided in Section 33.022 and before the final
2-6 disposition of the proceedings.
2-7 SECTION 2. Section 74.054(a), Government Code, is amended to
2-8 read as follows:
2-9 (a) Except as provided by Subsections (b) and (c), the
2-10 following judges may be assigned as provided by this chapter by the
2-11 presiding judge of the administrative region in which the assigned
2-12 judge resides:
2-13 (1) a regular district, constitutional county, or
2-14 statutory county court judge in this state;
2-15 (2) a district or appellate judge who is a retiree
2-16 under Subtitle D or E of Title 8, who has consented to be subject
2-17 to assignment, and who is on the list maintained by the presiding
2-18 judge under this chapter;
2-19 (3) a former district or appellate judge, retired or
2-20 former statutory probate court judge, or retired or former
2-21 statutory county court judge who certifies to the presiding judge a
2-22 willingness to serve and who is on the list maintained by the
2-23 presiding judge as required by this chapter;
2-24 (4) a retiree or a former judge whose last judicial
2-25 office before retirement was justice or judge of the supreme court,
2-26 the court of criminal appeals, or a court of appeals and who has
2-27 been assigned by the chief justice to the administrative judicial
3-1 region in which the retiree or former judge resides for
3-2 reassignment by the presiding judge of that region to a district or
3-3 statutory county court in the region; and
3-4 (5) an active court of appeals justice who has had
3-5 trial court experience.
3-6 SECTION 3. Section 74.054, Government Code, is amended by
3-7 adding Subsection (d) to read as follows:
3-8 (d) A retired judge of a statutory probate court may also
3-9 qualify for assignment under Section 25.0022.
3-10 SECTION 4. Section 74.055(c), Government Code, is amended to
3-11 read as follows:
3-12 (c) To be eligible to be named on the list, a retired or
3-13 former judge must:
3-14 (1) have served as a judge for at least 48 months in a
3-15 district, statutory probate, statutory county, or appellate court;
3-16 (2) have developed substantial experience in the
3-17 judge's area of specialty;
3-18 (3) not have been removed from office;
3-19 (4) certify under oath to the presiding judge, on a
3-20 form prescribed by the state board of regional judges, that the
3-21 judge did not resign from office after having received notice that
3-22 formal proceedings by the State Commission on Judicial Conduct had
3-23 been instituted as provided in Section 33.022 and before the final
3-24 disposition of the proceedings;
3-25 (5) annually demonstrate that the judge has completed
3-26 in the past calendar year the educational requirements for active
3-27 district, statutory probate, and statutory county court judges; and
4-1 (6) certify to the presiding judge a willingness not
4-2 to appear and plead as an attorney in any court in this state for a
4-3 period of two years.
4-4 SECTION 5. Section 74.059(c), Government Code, is amended to
4-5 read as follows:
4-6 (c) A district, statutory probate, or statutory county court
4-7 judge shall:
4-8 (1) diligently discharge the administrative
4-9 responsibilities of the office;
4-10 (2) rule on a case within 90 days after the case is
4-11 taken under advisement;
4-12 (3) request the presiding judge to assign another
4-13 judge to hear a motion relating to the recusal of the judge from a
4-14 case pending in his court; and
4-15 (4) if an election contest or a suit for the removal
4-16 of a local official is filed in his court, request the presiding
4-17 judge to assign another judge who is not a resident of the county
4-18 to hold a regular or special term of court in that county to
4-19 dispose of the suit.
4-20 SECTION 6. Sections 74.061(e) and (f), Government Code, are
4-21 amended to read as follows:
4-22 (e) When a district, statutory probate, constitutional
4-23 county, or statutory county court judge is assigned under this
4-24 chapter to a court outside his own district or county, the judge,
4-25 in addition to all other compensation authorized by law, is
4-26 entitled to receive his actual expenses in going to and returning
4-27 from his assignment and his actual living expenses while in the
5-1 performance of his duties under the assignment. The county in
5-2 which the duties are performed shall pay the expenses out of the
5-3 general fund of the county on accounts certified and approved by
5-4 the presiding judge of the administrative region for that county.
5-5 (f) When a district, statutory probate, constitutional
5-6 county, or statutory county court judge is assigned under this
5-7 chapter to a court outside his own district or county, the judge,
5-8 in addition to all other compensation and expenses authorized by
5-9 law, is entitled to receive a per diem of $25 for each day or
5-10 fraction of a day that the judge spends outside his district or
5-11 county in the performance of his duties under the assignment. The
5-12 state shall pay the per diem in the same manner that it pays the
5-13 judge's salary on certificates of approval by the chief justice or
5-14 the presiding judge of the administrative region in which the judge
5-15 resides.
5-16 SECTION 7. Section 25.0022(w), Government Code, is amended
5-17 to read as follows:
5-18 (w) Chapter 74 does not apply to the assignment under this
5-19 section of statutory probate court judges.
5-20 SECTION 8. This Act takes effect September 1, 1995, and
5-21 applies to a former or retired judge assigned on or after that
5-22 date. An assignment of a former or retired judge made before the
5-23 effective date of this Act is covered by the law in effect on the
5-24 date the assignment was made, and the former law is continued in
5-25 effect for that purpose.
5-26 SECTION 9. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended,
6-4 and that this Act take effect and be in force from and after its
6-5 passage, and it is so enacted.