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.