1-1 By: Wentworth S.B. No. 1386
1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 11, 1995, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; April 11, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the assignment of certain appellate judges and justices
1-9 as visiting judges.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 74.054, Government Code,
1-12 is amended to read as follows:
1-13 (a) Except as provided by Subsections (b) and (c), the
1-14 following judges may be assigned as provided by this chapter by the
1-15 presiding judge of the administrative region in which the assigned
1-16 judge resides:
1-17 (1) a regular district, constitutional county, or
1-18 statutory county court judge in this state;
1-19 (2) a district or appellate judge who is a retiree
1-20 under Subtitle D or E of Title 8, who has consented to be subject
1-21 to assignment, and who is on the list maintained by the presiding
1-22 judge under this chapter;
1-23 (3) a former district or appellate judge or retired or
1-24 former statutory county court judge who certifies to the presiding
1-25 judge a willingness to serve and who is on the list maintained by
1-26 the presiding judge as required by this chapter;
1-27 (4) a retiree or a former judge whose last judicial
1-28 office before retirement was justice or judge of the supreme court,
1-29 the court of criminal appeals, or a court of appeals and who has
1-30 been assigned by the chief justice to the administrative judicial
1-31 region in which the retiree or former judge resides for
1-32 reassignment by the presiding judge of that region to a district or
1-33 statutory county court in the region; and
1-34 (5) an active judge or <court of appeals> justice of
1-35 the supreme court, the court of criminal appeals, or a court of
1-36 appeals who has had trial court experience.
1-37 SECTION 2. Subsection (b), Section 74.060, Government Code,
1-38 is amended to read as follows:
1-39 (b) An active judge or <court of appeals> justice of the
1-40 supreme court, the court of criminal appeals, or a court of appeals
1-41 may not be assigned if the judge or justice has served 14 or more
1-42 days as a visiting judge under this chapter in the year in which
1-43 the assignment is to be made. This subsection applies only to an
1-44 initial assignment to a case and does not affect a judge's or
1-45 justice's continuing to sit in a particular case <in one year as a
1-46 visiting judge for more than four cases>.
1-47 SECTION 3. Subsection (g), Section 74.061, Government Code,
1-48 is amended to read as follows:
1-49 (g) An active judge or <court of appeals> justice of the
1-50 supreme court, the court of criminal appeals, or a court of appeals
1-51 assigned under this subchapter is not entitled to receive any
1-52 additional compensation for serving as a visiting judge. A court
1-53 of appeals <If the> justice <is> assigned to a court outside his
1-54 own court of appeals district, a justice of the supreme court, or a
1-55 judge of the court of criminal appeals <the justice> is entitled to
1-56 receive actual expenses in going to and returning from assignment
1-57 and actual living expenses while in the performance of duties under
1-58 the assignment. The county in which the duties are performed shall
1-59 pay the expenses out of the county's general fund on accounts
1-60 certified and approved by the presiding judge of the administrative
1-61 region for that county.
1-62 SECTION 4. The importance of this legislation and the
1-63 crowded condition of the calendars in both houses create an
1-64 emergency and an imperative public necessity that the
1-65 constitutional rule requiring bills to be read on three several
1-66 days in each house be suspended, and this rule is hereby suspended,
1-67 and that this Act take effect and be in force from and after its
1-68 passage, and it is so enacted.
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