1-1     By:  Lewis of Tarrant, Jones of Dallas, et al.         H.B. No. 455

 1-2          (Senate Sponsor - West)

 1-3           (In the Senate - Received from the House May 6, 1997;

 1-4     May 7, 1997, read first time and referred to Committee on

 1-5     Jurisprudence; May 15, 1997, reported favorably by the following

 1-6     vote:  Yeas 6, Nays 0; May 15, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to objection to a visiting judge.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Sections 74.053(a) and (b), Government Code, are

1-12     amended to read as follows:

1-13           (a)  When a judge is assigned under this chapter the

1-14     presiding judge shall[, if it is reasonable and practicable and if

1-15     time permits,] give notice of the assignment to each attorney

1-16     representing a party to the case that is to be heard in whole or

1-17     part by the assigned judge.

1-18           (b)  If a party to a civil or criminal case files a timely

1-19     objection to the assignment, the judge shall not hear the case.

1-20     Except as provided by Subsection (d), each party to the case is

1-21     only entitled to one objection under this section for that case.

1-22     This subsection applies in a criminal case only if the criminal

1-23     case is before a court in a county having a population of more than

1-24     500,000.

1-25           SECTION 2.  This Act takes effect September 1, 1997, and

1-26     applies only to the assignment of a judge or justice made on or

1-27     after the effective date of this Act.  An assignment made before

1-28     the effective date of this Act is governed by the law in effect at

1-29     the time the assignment was made, and that law is continued in

1-30     effect for that purpose.

1-31           SECTION 3.  The importance of this legislation and the

1-32     crowded condition of the calendars in both houses create an

1-33     emergency and an imperative public necessity that the

1-34     constitutional rule requiring bills to be read on three several

1-35     days in each house be suspended, and this rule is hereby suspended.

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