1-1 By: Nixon S.B. No. 34
1-2 (In the Senate - Filed May 8, 1995; May 9, 1995, read first
1-3 time and referred to Committee on Jurisprudence; May 9, 1995,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 6, Nays 0; May 9, 1995, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 34 By: Cain
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to improving the judicial system in Panola County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Effective January 1, 1996, Subsection (a),
1-12 Section 25.1852, Government Code, is repealed.
1-13 SECTION 2. (a) Not later than December 15, 1995, the judge
1-14 of the Panola County Court at Law shall transfer all cases pending
1-15 in the court over which the court no longer has jurisdiction
1-16 because of the repeal of Subsection (a), Section 25.1852,
1-17 Government Code, by this Act to the district court.
1-18 (b) When a case is transferred from one court to another as
1-19 provided by Subsection (a) of this section, all processes, writs,
1-20 bonds, recognizances, or other obligations issued from the
1-21 transferring court are returnable to the court to which the case is
1-22 transferred as if originally issued by that court. The obligees in
1-23 all bonds and recognizances taken in and for a court from which a
1-24 case is transferred and all witnesses summoned to appear in a court
1-25 from which a case is transferred are required to appear before the
1-26 court to which the case is transferred as if originally required to
1-27 appear before the court to which the transfer is made.
1-28 SECTION 3. Subsection (i), Section 25.1852, Government Code,
1-29 is amended to read as follows:
1-30 (i) If the regular judge of a county court at law is absent
1-31 or disqualified from presiding, the presiding judge of the
1-32 administrative judicial region in which the county is located may
1-33 appoint a person with the same qualifications as the regular judge
1-34 to sit as special judge. A retired district or county court at law
1-35 judge may be appointed as a special judge. The only residency
1-36 requirement for a retired judge is that the judge reside in the
1-37 administrative judicial region. A special judge must take the oath
1-38 of office required by law for the regular judge and has the power
1-39 and jurisdiction of the court and of the regular judge. A special
1-40 judge may sign orders, judgments, decrees, or other process of any
1-41 kind as "Judge Presiding" when acting for the regular judge. A
1-42 special judge receives the same rate of compensation as the regular
1-43 judge. The compensation shall be paid out of the county funds on
1-44 certification by the presiding judge of the administrative judicial
1-45 region that the special judge has rendered the services and is
1-46 entitled to receive the compensation. The amount paid to the
1-47 special judge shall <may not> be deducted from the salary of the
1-48 regular judge.
1-49 SECTION 4. This Act takes effect September 1, 1995.
1-50 SECTION 5. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended.
1-55 * * * * *