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   1-12  Section 25.1852, Government Code, is repealed.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.
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