SRC-JFA S.B. 999 75(R) BILL ANALYSIS Senate Research Center S.B. 999 By: Fraser Jurisprudence 3-18-97 As Filed DIGEST Currently, under the visiting judge statute, if any motion during a legal cause is heard by a visiting judge, parties acquiescing to the visiting judge can be held to have waived their right to have the trial heard by the district judge wherein the case is filed. As a result of this law, parties routinely object to visiting judges and do not allow them to preside over any disputes that arise during litigation. This bill amends the visiting judge statute to allow visiting judges to hear parts of the case while allowing the parties to retain the right to have the presiding district judge control the trial and other crucial matters of the matter. PURPOSE As proposed, S.B. 999 sets forth revised objections to the assignment of visiting judges in a judicial matter. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 74.053, Government Code, to require objections to judges assigned for trial to be filed 30 days before the trial over which the assigned judge is to preside. Requires objections to judges assigned for hearing any part of a case other than trail to be filed before such hearing. Provides that allowing any judge to conduct any hearing does not waive the right to object pursuant to this section, except that if a hearing before an assigned judge results in an order, no objection may be made to such judge being assigned by the presiding judge to hear any motion to reconsider, revise, or amend that order. Makes conforming and nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause.