1-1  By:  Henderson                                         S.B. No. 516
    1-2        (In the Senate - Filed February 9, 1995; February 13, 1995,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  April 19, 1995, reported favorably by the following vote:  Yeas 7,
    1-5  Nays 0; April 19, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to approval of and objection to assignment of certain
    1-9  visiting judges.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 74.060, Government Code, is amended by
   1-12  adding Subsections (c) and (d) to read as follows:
   1-13        (c)  A judge may not be assigned to a district court that is
   1-14  not required by statute to give preference to certain matters
   1-15  unless the judge has been approved by a majority of the active
   1-16  judges of the district courts in the county that are not required
   1-17  by statute to give preference to certain matters.
   1-18        (d)  A judge may not be assigned to a district court that is
   1-19  required by statute to give preference to civil matters unless the
   1-20  judge has been approved by a majority of the active judges of the
   1-21  district courts in the county that are required by statute to give
   1-22  preference to civil matters.  A judge may not be assigned to a
   1-23  family district court or a district court that is required by
   1-24  statute to give preference to family law matters unless the judge
   1-25  has been approved by a majority of the active judges of family
   1-26  district courts and district courts that are required by statute to
   1-27  give preference to family law matters in the county.  A judge may
   1-28  not be assigned to a criminal district court or a district court
   1-29  that is required by statute to give preference to criminal matters
   1-30  unless the judge has been approved by a majority of the active
   1-31  judges of the criminal district courts and district courts that are
   1-32  required by statute to give preference to criminal matters in the
   1-33  county.
   1-34        SECTION 2.  Section 74.053, Government Code, is amended to
   1-35  read as follows:
   1-36        Sec. 74.053.  OBJECTION TO ASSIGNED JUDGE.  (a)  When a judge
   1-37  is assigned under this chapter the presiding judge shall, if it is
   1-38  reasonable and practicable and if time permits, give notice of the
   1-39  assignment to each attorney representing a party to the case that
   1-40  is to be heard in whole or part by the assigned judge.
   1-41        (b)  Except in those cases in which the judge is disqualified
   1-42  or recused by statute, rule, or otherwise from presiding over the
   1-43  case, if <If> a party to a civil case files a timely objection to
   1-44  the assignment, the assigned judge shall not hear the case.
   1-45  <Except as provided by Subsection (d), each party to the case is
   1-46  only entitled to one objection under this section for that case.>
   1-47        (c)  An objection under this section must be filed before the
   1-48  first hearing or trial, including pretrial hearings, over which the
   1-49  assigned judge is to preside.
   1-50        <(d)  A former judge or justice who was not a retired judge
   1-51  may not sit in a case if either party objects to the judge or
   1-52  justice.>
   1-53        SECTION 3.  This Act takes effect September 1, 1995, and
   1-54  applies only to an assignment of a judge under Chapter 74,
   1-55  Government Code, made on or after that date.  An assignment made
   1-56  before the effective date of this Act is governed by the law in
   1-57  effect on the date of assignment, and that law is continued in
   1-58  effect for that purpose.
   1-59        SECTION 4.  The importance of this legislation and the
   1-60  crowded condition of the calendars in both houses create an
   1-61  emergency and an imperative public necessity that the
   1-62  constitutional rule requiring bills to be read on three several
   1-63  days in each house be suspended, and this rule is hereby suspended.
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