By Wentworth S.B. No. 1386
74R8179 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assignment of certain appellate judges and justices
1-3 as visiting judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 74.054(a), Government Code, is amended to
1-6 read as follows:
1-7 (a) Except as provided by Subsections (b) and (c), the
1-8 following judges may be assigned as provided by this chapter by the
1-9 presiding judge of the administrative region in which the assigned
1-10 judge resides:
1-11 (1) a regular district, constitutional county, or
1-12 statutory county court judge in this state;
1-13 (2) a district or appellate judge who is a retiree
1-14 under Subtitle D or E of Title 8, who has consented to be subject
1-15 to assignment, and who is on the list maintained by the presiding
1-16 judge under this chapter;
1-17 (3) a former district or appellate judge or retired or
1-18 former statutory county court judge who certifies to the presiding
1-19 judge a willingness to serve and who is on the list maintained by
1-20 the presiding judge as required by this chapter;
1-21 (4) a retiree or a former judge whose last judicial
1-22 office before retirement was justice or judge of the supreme court,
1-23 the court of criminal appeals, or a court of appeals and who has
1-24 been assigned by the chief justice to the administrative judicial
2-1 region in which the retiree or former judge resides for
2-2 reassignment by the presiding judge of that region to a district or
2-3 statutory county court in the region; and
2-4 (5) an active judge or <court of appeals> justice of
2-5 the supreme court, the court of criminal appeals, or a court of
2-6 appeals who has had trial court experience.
2-7 SECTION 2. Section 74.060, Government Code, is amended by
2-8 amending Subsection (b) to read as follows:
2-9 (b) An active judge or <court of appeals> justice of the
2-10 supreme court, the court of criminal appeals, or a court of appeals
2-11 may not be assigned if the judge or justice has served 14 or more
2-12 days as a visiting judge under this chapter in the year in which
2-13 the assignment is to be made. This subsection applies only to an
2-14 initial assignment to a case and does not affect a judge's or
2-15 justice's continuing to sit in a particular case <in one year as a
2-16 visiting judge for more than four cases>.
2-17 SECTION 3. Section 74.061(g), Government Code, is amended to
2-18 read as follows:
2-19 (g) An active judge or <court of appeals> justice of the
2-20 supreme court, the court of criminal appeals, or a court of appeals
2-21 assigned under this subchapter is not entitled to receive any
2-22 additional compensation for serving as a visiting judge. A court
2-23 of appeals <If the> justice <is> assigned to a court outside his
2-24 own court of appeals district, a justice of the supreme court, or a
2-25 judge of the court of criminal appeals <the justice> is entitled to
2-26 receive actual expenses in going to and returning from assignment
2-27 and actual living expenses while in the performance of duties under
3-1 the assignment. The county in which the duties are performed shall
3-2 pay the expenses out of the county's general fund on accounts
3-3 certified and approved by the presiding judge of the administrative
3-4 region for that county.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.