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 * * * * *