By Wentworth                                          S.B. No. 1448
       74R6679 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain former and retired judges serving as visiting
    1-3  judges.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 74.003, Government Code, is amended by
    1-6  amending Subsections (b), (c), and (e) and adding Subsection (g) to
    1-7  read as follows:
    1-8        (b)  The chief justice of the supreme court may assign a
    1-9  qualified retired or former justice or judge of the supreme court,
   1-10  of the court of criminal appeals, or of a court of appeals to a
   1-11  court of appeals for active service regardless of whether a vacancy
   1-12  exists in the court to which the justice is assigned.
   1-13        (c)  An active, <or> retired, or former justice or judge
   1-14  assigned as provided by this section out of the county of his
   1-15  residence is entitled to receive the same expenses and per diem as
   1-16  those allowed a district judge assigned as provided by Subchapter
   1-17  C.  The state shall pay the expenses and per diem on certificates
   1-18  of approval by the chief justice of the supreme court or the chief
   1-19  justice of the court of appeals to which the justice or judge is
   1-20  assigned.  The compensation authorized by this subsection is in
   1-21  addition to all other compensation authorized by law.
   1-22        (e)  A retired or former justice or judge assigned as
   1-23  provided by this section is entitled to receive, pro rata for the
   1-24  time serving on assignment, from money appropriated from the
    2-1  general revenue fund for that purpose, an amount equal to the
    2-2  compensation received from state and county sources by a justice of
    2-3  the court of appeals to which assigned.
    2-4        (g)  An assignment under this section is subject to the
    2-5  requirements of Section 74.055.
    2-6        SECTION 2.  Section 74.041, Government Code, is amended by
    2-7  adding Subdivision (2) and renumbering the remaining subdivisions
    2-8  to read as follows:
    2-9              (2)  "Former judge" or "former justice" means a person
   2-10  who was elected or appointed by the governor to an appellate,
   2-11  district, statutory, or county court and who is not:
   2-12                    (A)  serving as a judge of one of those courts;
   2-13  and
   2-14                    (B)  eligible to be a retiree.
   2-15              (3)  "Presiding judge" means the presiding judge of an
   2-16  administrative region.
   2-17              (4) <(3)>  "Retiree" means a person who has retired
   2-18  under the Judicial Retirement System of Texas, the Judicial
   2-19  Retirement System of Texas Plan One, or the Judicial Retirement
   2-20  System of Texas Plan Two.
   2-21        SECTION 3.  Section 74.0551(b), Government Code, is amended
   2-22  to read as follows:
   2-23        (b)  A retired or former judge's <judge shall make an>
   2-24  initial certification of willingness not to appear and plead that
   2-25  is <not later than the 90th day after the date the person leaves
   2-26  active service.  An initial certification> made before the judge
   2-27  leaves active service extends through December 31 of the year
    3-1  following the year in which the judge leaves active service.  An
    3-2  initial certification made after the judge leaves active service
    3-3  extends through December 31 of the year following the year in which
    3-4  the certification is made.
    3-5        SECTION 4.  Subchapter C, Chapter 74, Government Code, is
    3-6  amended by adding Section 74.0561 to read as follows:
    3-7        Sec. 74.0561.  FORMER STATUTORY AND CONSTITUTIONAL COUNTY
    3-8  COURT JUDGES.  A former statutory or constitutional county court
    3-9  judge may elect to become a judicial officer by:
   3-10              (1)  sending notice to the presiding judge of the
   3-11  judicial region in which the electing judge resides not later than
   3-12  the 90th day after the date the judge leaves office; and
   3-13              (2)  complying with the requirements of Section 74.055.
   3-14        SECTION 5.  Section 75.002(b), Government Code, is amended to
   3-15  read as follows:
   3-16        (b)  In addition to an assignment under Section 74.003 and
   3-17  Subsection (a)(1), the chief justice of the supreme court may
   3-18  assign a retiree whose last judicial office before retirement was
   3-19  justice or judge of the supreme court, the court of criminal
   3-20  appeals, or a court of appeals to the administrative judicial
   3-21  region in which the retiree resides for reassignment by the
   3-22  presiding judge of that region to a district or statutory county
   3-23  court in the region.  An assignment by the chief justice of the
   3-24  supreme court or the <The> reassignment by a presiding judge is
   3-25  subject to the requirements of Section 74.055.  The assignment by
   3-26  the chief justice of a retiree to the administrative region of the
   3-27  retiree's residence continues only during the period for which the
    4-1  retiree has certified a willingness to serve under Section 74.0551.
    4-2        SECTION 6.  (a)  Section 74.053(d), Government Code, is
    4-3  repealed.
    4-4        (b)  Subchapter C, Chapter 75, Government Code, is repealed.
    4-5        SECTION 7.  (a)  This Act takes effect September 1, 1995, and
    4-6  applies to a former judge or former justice assigned to a civil or
    4-7  criminal case on or after that date.  An assignment of a former
    4-8  judge or former justice made before the effective date of this Act
    4-9  is covered by the law in effect on the date the assignment was
   4-10  made, and the former law is continued in effect for that purpose.
   4-11        (b)  The changes in Section 74.0551, Government Code, made by
   4-12  this Act relating to a retired or former judge's initial
   4-13  certification of willingness not to appear and serve as an attorney
   4-14  in court apply only to a judge who leaves active service on or
   4-15  after the effective date of this Act.  A judge who leaves active
   4-16  service before that date is governed by the law in effect when that
   4-17  judge left active service, and the prior law is continued in effect
   4-18  for that purpose.
   4-19        SECTION 8.  The importance of this legislation and the
   4-20  crowded condition of the calendars in both houses create an
   4-21  emergency and an imperative public necessity that the
   4-22  constitutional rule requiring bills to be read on three several
   4-23  days in each house be suspended, and this rule is hereby suspended.