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.
1-36 * * * * *