By: Nixon S.B. No. 34
A BILL TO BE ENTITLED
AN ACT
1-1 relating to improving the judicial system in Panola County.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Effective January 1, 1996, Subsection (a),
1-4 Section 25.1852, Government Code, is repealed.
1-5 SECTION 2. (a) Not later than December 15, 1995, the judge
1-6 of the Panola County Court at Law shall transfer all cases pending
1-7 in the court over which the court no longer has jurisdiction
1-8 because of the repeal of Subsection (a), Section 25.1852,
1-9 Government Code, by this Act to the district court.
1-10 (b) When a case is transferred from one court to another as
1-11 provided by Subsection (a) of this section, all processes, writs,
1-12 bonds, recognizances, or other obligations issued from the
1-13 transferring court are returnable to the court to which the case is
1-14 transferred as if originally issued by that court. The obligees in
1-15 all bonds and recognizances taken in and for a court from which a
1-16 case is transferred and all witnesses summoned to appear in a court
1-17 from which a case is transferred are required to appear before the
1-18 court to which the case is transferred as if originally required to
1-19 appear before the court to which the transfer is made.
1-20 SECTION 3. Subsection (i), Section 25.1852, Government Code,
1-21 is amended to read as follows:
1-22 (i) If the regular judge of a county court at law is absent
1-23 or disqualified from presiding, the presiding judge of the
1-24 administrative judicial region in which the county is located may
2-1 appoint a person with the same qualifications as the regular judge
2-2 to sit as special judge. A retired district or county court at law
2-3 judge may be appointed as a special judge. The only residency
2-4 requirement for a retired judge is that the judge reside in the
2-5 administrative judicial region. A special judge must take the oath
2-6 of office required by law for the regular judge and has the power
2-7 and jurisdiction of the court and of the regular judge. A special
2-8 judge may sign orders, judgments, decrees, or other process of any
2-9 kind as "Judge Presiding" when acting for the regular judge. A
2-10 special judge receives the same rate of compensation as the regular
2-11 judge. The compensation shall be paid out of the county funds on
2-12 certification by the presiding judge of the administrative judicial
2-13 region that the special judge has rendered the services and is
2-14 entitled to receive the compensation. The amount paid to the
2-15 special judge shall <may not> be deducted from the salary of the
2-16 regular judge.
2-17 SECTION 4. This Act takes effect September 1, 1995.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.