By: Wentworth S.B. No. 1386
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the assignment of certain appellate judges and justices
1-2 as visiting judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 74.054, Government Code,
1-5 is amended to read as follows:
1-6 (a) Except as provided by Subsections (b) and (c), the
1-7 following judges may be assigned as provided by this chapter by the
1-8 presiding judge of the administrative region in which the assigned
1-9 judge resides:
1-10 (1) a regular district, constitutional county, or
1-11 statutory county court judge in this state;
1-12 (2) a district or appellate judge who is a retiree
1-13 under Subtitle D or E of Title 8, who has consented to be subject
1-14 to assignment, and who is on the list maintained by the presiding
1-15 judge under this chapter;
1-16 (3) a former district or appellate judge or retired or
1-17 former statutory county court judge who certifies to the presiding
1-18 judge a willingness to serve and who is on the list maintained by
1-19 the presiding judge as required by this chapter;
1-20 (4) a retiree or a former judge whose last judicial
1-21 office before retirement was justice or judge of the supreme court,
1-22 the court of criminal appeals, or a court of appeals and who has
1-23 been assigned by the chief justice to the administrative judicial
1-24 region in which the retiree or former judge resides for
2-1 reassignment by the presiding judge of that region to a district or
2-2 statutory county court in the region; and
2-3 (5) an active judge or <court of appeals> justice of
2-4 the supreme court, the court of criminal appeals, or a court of
2-5 appeals who has had trial court experience.
2-6 SECTION 2. Subsection (b), Section 74.060, Government Code,
2-7 is amended to read as follows:
2-8 (b) An active judge or <court of appeals> justice of the
2-9 supreme court, the court of criminal appeals, or a court of appeals
2-10 may not be assigned if the judge or justice has served 14 or more
2-11 days as a visiting judge under this chapter in the year in which
2-12 the assignment is to be made. This subsection applies only to an
2-13 initial assignment to a case and does not affect a judge's or
2-14 justice's continuing to sit in a particular case <in one year as a
2-15 visiting judge for more than four cases>.
2-16 SECTION 3. Subsection (g), Section 74.061, Government Code,
2-17 is amended to read as follows:
2-18 (g) An active judge or <court of appeals> justice of the
2-19 supreme court, the court of criminal appeals, or a court of appeals
2-20 assigned under this subchapter is not entitled to receive any
2-21 additional compensation for serving as a visiting judge. A court
2-22 of appeals <If the> justice <is> assigned to a court outside his
2-23 own court of appeals district, a justice of the supreme court, or a
2-24 judge of the court of criminal appeals <the justice> is entitled to
2-25 receive actual expenses in going to and returning from assignment
2-26 and actual living expenses while in the performance of duties under
2-27 the assignment. The county in which the duties are performed shall
3-1 pay the expenses out of the county's general fund on accounts
3-2 certified and approved by the presiding judge of the administrative
3-3 region for that county.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.
3-11 COMMITTEE AMENDMENT NO. 1
3-12 Amend Senate Bill 1386 on page 2, by striking lines 9 through
3-13 16, and substituting the following:
3-14 (b) An active judge or <court of appeals> justice of the
3-15 supreme court, the court of criminal appeals, or a court of appeals
3-16 may not be assigned
3-17 (1) to serve as a visiting judge in Bexar, Dallas, Ector,
3-18 Fort Bend, Harris, Jefferson, Lubbock, Midland, Tarrant, or Travis
3-19 County; or,
3-20 (2) if the judge or justice has served 14 or more days as a
3-21 visiting judge under this chapter in the year in which the
3-22 assignment is to be made.
3-23 This subsection applies only to an initial assignment to a case and
3-24 does not affect a judge's or justice's continuing to sit in a
3-25 particular case <in one year as a visiting judge for more than four
3-26 cases>.
3-27 Alonzo