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 * * * * *