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.
1-64 * * * * *