1-1  By:  Thompson (Senate Sponsor - Henderson)             H.B. No. 673
    1-2        (In the Senate - Received from the House April 25, 1995;
    1-3  April 26, 1995, read first time and referred to Committee on
    1-4  Jurisprudence; May 9, 1995, reported favorably by the following
    1-5  vote:  Yeas 6, Nays 0; May 9, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the assignment of a former statutory probate court
    1-9  judge.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 25.0022, Government Code, is amended by
   1-12  amending Subsections (j), (p), and (s) and adding Subsection (x) to
   1-13  read as follows:
   1-14        (j)  A judge or former or retired judge of a statutory
   1-15  probate court may be assigned by the presiding judge as provided by
   1-16  this section.
   1-17        (p)  The daily compensation of a former or retired judge for
   1-18  purposes of this section is set at an amount equal to the daily
   1-19  compensation of a judge of a statutory probate court in the county
   1-20  in which the former or retired judge is assigned.
   1-21        (s)  The county in which the assigned judge served shall pay
   1-22  out of the general fund of the county:
   1-23              (1)  expenses certified under Subsection (q) to the
   1-24  assigned judge; and
   1-25              (2)  the salary certified under Subsection (q) to the
   1-26  county in which the assigned judge serves, or, if the assigned
   1-27  judge is a former or retired judge, to the assigned judge.
   1-28        (x)  To be eligible for assignment under this section a
   1-29  former or retired judge of a statutory probate court must:
   1-30              (1)  not have been removed from office; and
   1-31              (2)  certify under oath to the presiding judge, on a
   1-32  form prescribed by the state board of regional judges, that the
   1-33  judge did not resign from office after having received notice that
   1-34  formal proceedings by the State Commission on Judicial Conduct had
   1-35  been instituted as provided in Section 33.022 and before the final
   1-36  disposition of the proceedings.
   1-37        SECTION 2.  Section 74.054(a), Government Code, is amended to
   1-38  read as follows:
   1-39        (a)  Except as provided by Subsections (b) and (c), the
   1-40  following judges may be assigned as provided by this chapter by the
   1-41  presiding judge of the administrative region in which the assigned
   1-42  judge resides:
   1-43              (1)  a regular district, constitutional county, or
   1-44  statutory county court judge in this state;
   1-45              (2)  a district or appellate judge who is a retiree
   1-46  under Subtitle D or E of Title 8, who has consented to be subject
   1-47  to assignment, and who is on the list maintained by the presiding
   1-48  judge under this chapter;
   1-49              (3)  a former district or appellate judge, retired or
   1-50  former statutory probate court judge, or retired or former
   1-51  statutory county court judge who certifies to the presiding judge a
   1-52  willingness to serve and who is on the list maintained by the
   1-53  presiding judge as required by this chapter;
   1-54              (4)  a retiree or a former judge whose last judicial
   1-55  office before retirement was justice or judge of the supreme court,
   1-56  the court of criminal appeals, or a court of appeals and who has
   1-57  been assigned by the chief justice to the administrative judicial
   1-58  region in which the retiree or former judge resides for
   1-59  reassignment by the presiding judge of that region to a district or
   1-60  statutory county court in the region; and
   1-61              (5)  an active court of appeals justice who has had
   1-62  trial court experience.
   1-63        SECTION 3.  Section 74.054, Government Code, is amended by
   1-64  adding Subsection (d) to read as follows:
   1-65        (d)  A retired judge of a statutory probate court may also
   1-66  qualify for assignment under Section 25.0022.
   1-67        SECTION 4.  Section 74.055(c), Government Code, is amended to
   1-68  read as follows:
    2-1        (c)  To be eligible to be named on the list, a retired or
    2-2  former judge must:
    2-3              (1)  have served as a judge for at least 48 months in a
    2-4  district, statutory probate, statutory county, or appellate court;
    2-5              (2)  have developed substantial experience in the
    2-6  judge's area of specialty;
    2-7              (3)  not have been removed from office;
    2-8              (4)  certify under oath to the presiding judge, on a
    2-9  form prescribed by the state board of regional judges, that the
   2-10  judge did not resign from office after having received notice that
   2-11  formal proceedings by the State Commission on Judicial Conduct had
   2-12  been instituted as provided in Section 33.022 and before the final
   2-13  disposition of the proceedings;
   2-14              (5)  annually demonstrate that the judge has completed
   2-15  in the past calendar year the educational requirements for active
   2-16  district, statutory probate, and statutory county court judges; and
   2-17              (6)  certify to the presiding judge a willingness not
   2-18  to appear and plead as an attorney in any court in this state for a
   2-19  period of two years.
   2-20        SECTION 5.  Section 74.059(c), Government Code, is amended to
   2-21  read as follows:
   2-22        (c)  A district, statutory probate, or statutory county court
   2-23  judge shall:
   2-24              (1)  diligently discharge the administrative
   2-25  responsibilities of the office;
   2-26              (2)  rule on a case within 90 days after the case is
   2-27  taken under advisement;
   2-28              (3)  request the presiding judge to assign another
   2-29  judge to hear a motion relating to the recusal of the judge from a
   2-30  case pending in his court; and
   2-31              (4)  if an election contest or a suit for the removal
   2-32  of a local official is filed in his court, request the presiding
   2-33  judge to assign another judge who is not a resident of the county
   2-34  to hold a regular or special term of court in that county to
   2-35  dispose of the suit.
   2-36        SECTION 6.  Sections 74.061(e) and (f), Government Code, are
   2-37  amended to read as follows:
   2-38        (e)  When a district, statutory probate, constitutional
   2-39  county, or statutory county court judge is assigned under this
   2-40  chapter to a court outside his own district or county, the judge,
   2-41  in addition to all other compensation authorized by law, is
   2-42  entitled to receive his actual expenses in going to and returning
   2-43  from his assignment and his actual living expenses while in the
   2-44  performance of his duties under the assignment.  The county in
   2-45  which the duties are performed shall pay the expenses out of the
   2-46  general fund of the county on accounts certified and approved by
   2-47  the presiding judge of the administrative region for that county.
   2-48        (f)  When a district, statutory probate, constitutional
   2-49  county, or statutory county court judge is assigned under this
   2-50  chapter to a court outside his own district or county, the judge,
   2-51  in addition to all other compensation and expenses authorized by
   2-52  law, is entitled to receive a per diem of $25 for each day or
   2-53  fraction of a day that the judge spends outside his district or
   2-54  county in the performance of his duties under the assignment.  The
   2-55  state shall pay the per diem in the same manner that it pays the
   2-56  judge's salary on certificates of approval by the chief justice or
   2-57  the presiding judge of the administrative region in which the judge
   2-58  resides.
   2-59        SECTION 7.  Section 25.0022(w), Government Code, is amended
   2-60  to read as follows:
   2-61        (w)  Chapter 74 does not apply to the assignment under this
   2-62  section of statutory probate court judges.
   2-63        SECTION 8.  This Act takes effect September 1, 1995, and
   2-64  applies to a former or retired judge assigned on or after that
   2-65  date.  An assignment of a former or retired judge made before the
   2-66  effective date of this Act is covered by the law in effect on the
   2-67  date the assignment was made, and the former law is continued in
   2-68  effect for that purpose.
   2-69        SECTION 9.  The importance of this legislation and the
   2-70  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended,
    3-4  and that this Act take effect and be in force from and after its
    3-5  passage, and it is so enacted.
    3-6                               * * * * *