By Lewis of Tarrant, Jones of Dallas, H.B. No. 455
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to objection to a visiting judge.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 74.053(a) and (b), Government Code, are
1-5 amended to read as follows:
1-6 (a) When a judge is assigned under this chapter the
1-7 presiding judge shall[, if it is reasonable and practicable and if
1-8 time permits,] give notice of the assignment to each attorney
1-9 representing a party to the case that is to be heard in whole or
1-10 part by the assigned judge.
1-11 (b) If a party to a civil or criminal case files a timely
1-12 objection to the assignment, the judge shall not hear the case.
1-13 Except as provided by Subsection (d), each party to the case is
1-14 only entitled to one objection under this section for that case.
1-15 This subsection applies in a criminal case only if the criminal
1-16 case is before a court in a county having a population of more than
1-17 500,000.
1-18 SECTION 2. This Act takes effect September 1, 1997, and
1-19 applies only to the assignment of a judge or justice made on or
1-20 after the effective date of this Act. An assignment made before
1-21 the effective date of this Act is governed by the law in effect at
1-22 the time the assignment was made, and that law is continued in
1-23 effect for that purpose.
1-24 SECTION 3. The importance of this legislation and the
1-25 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.