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    1-4  Section 25.1852, Government Code, is repealed.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.