By Henderson                                           S.B. No. 516
       74R5368 MWV-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to approval of and objection to assignment of certain
    1-3  visiting judges.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 74.060, Government Code, is amended by
    1-6  adding Subsections (c) and (d) to read as follows:
    1-7        (c)  A judge may not be assigned to a district court that is
    1-8  not required by statute to give preference to certain matters
    1-9  unless the judge has been approved by a majority of the active
   1-10  judges of the district courts in the county that are not required
   1-11  by statute to give preference to certain matters.
   1-12        (d)  A judge may not be assigned to a district court that is
   1-13  required by statute to give preference to civil matters unless the
   1-14  judge has been approved by a majority of the active judges of the
   1-15  district courts in the county that are required by statute to give
   1-16  preference to civil matters.  A judge may not be assigned to a
   1-17  family district court or a district court that is required by
   1-18  statute to give preference to family law matters unless the judge
   1-19  has been approved by a majority of the active judges of family
   1-20  district courts and district courts that are required by statute to
   1-21  give preference to family law matters in the county.  A judge may
   1-22  not be assigned to a criminal district court or a district court
   1-23  that is required by statute to give preference to criminal matters
   1-24  unless the judge has been approved by a majority of the active
    2-1  judges of the criminal district courts and district courts that are
    2-2  required by statute to give preference to criminal matters in the
    2-3  county.
    2-4        SECTION 2.  Section 74.053, Government Code, is amended to
    2-5  read as follows:
    2-6        Sec. 74.053.  OBJECTION TO ASSIGNED JUDGE.  (a)  When a judge
    2-7  is assigned under this chapter the presiding judge shall, if it is
    2-8  reasonable and practicable and if time permits, give notice of the
    2-9  assignment to each attorney representing a party to the case that
   2-10  is to be heard in whole or part by the assigned judge.
   2-11        (b)  Except in those cases in which the judge is disqualified
   2-12  or recused by statute, rule, or otherwise from presiding over the
   2-13  case, if <If> a party to a civil case files a timely objection to
   2-14  the assignment, the assigned judge shall not hear the case.
   2-15  <Except as provided by Subsection (d), each party to the case is
   2-16  only entitled to one objection under this section for that case.>
   2-17        (c)  An objection under this section must be filed before the
   2-18  first hearing or trial, including pretrial hearings, over which the
   2-19  assigned judge is to preside.
   2-20        <(d)  A former judge or justice who was not a retired judge
   2-21  may not sit in a case if either party objects to the judge or
   2-22  justice.>
   2-23        SECTION 3.  This Act takes effect September 1, 1995, and
   2-24  applies only to an assignment of a judge under Chapter 74,
   2-25  Government Code, made on or after that date.  An assignment made
   2-26  before the effective date of this Act is governed by the law in
   2-27  effect on the date of assignment, and that law is continued in
    3-1  effect for that purpose.
    3-2        SECTION 4.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency and an imperative public necessity that the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended.