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.