By Gallego H.B. No. 783
75R2976 SAW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assignment of certain appellate judges and justices
1-3 as visiting judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 74.054(a), Government Code, is amended to
1-6 read as follows:
1-7 (a) Except as provided by Subsections (b) and (c), the
1-8 following judges may be assigned as provided by this chapter by the
1-9 presiding judge of the administrative region in which the assigned
1-10 judge resides:
1-11 (1) a regular district, constitutional county, or
1-12 statutory county court judge in this state;
1-13 (2) a district or appellate judge who is a retiree
1-14 under Subtitle D or E of Title 8, who has consented to be subject
1-15 to assignment, and who is on the list maintained by the presiding
1-16 judge under this chapter;
1-17 (3) a former district or appellate judge, retired or
1-18 former statutory probate court judge, or retired or former
1-19 statutory county court judge who certifies to the presiding judge a
1-20 willingness to serve and who is on the list maintained by the
1-21 presiding judge as required by this chapter;
1-22 (4) a retiree or a former judge whose last judicial
1-23 office before retirement was justice or judge of the supreme court,
1-24 the court of criminal appeals, or a court of appeals and who has
2-1 been assigned by the chief justice to the administrative judicial
2-2 region in which the retiree or former judge resides for
2-3 reassignment by the presiding judge of that region to a district or
2-4 statutory county court in the region; and
2-5 (5) an active judge or justice of the supreme court,
2-6 the court of criminal appeals, or a court of appeals [justice] who
2-7 has had trial court experience.
2-8 SECTION 2. Section 74.060, Government Code, is amended to
2-9 read as follows:
2-10 Sec. 74.060. LIMITATION ON ASSIGNMENT. (a) An active judge
2-11 or justice may not, without the judge's or justice's consent, be
2-12 assigned out of the judge's or justice's district or county for
2-13 more than 10 calendar days in a calendar year.
2-14 (b) An active judge or justice of the supreme court, the
2-15 court of criminal appeals, or a court of appeals [justice] may not
2-16 under this chapter be assigned [in one year] as a visiting judge:
2-17 (1) in Bexar, Dallas, Ector, Fort Bend, Harris,
2-18 Jefferson, Lubbock, Midland, Tarrant, or Travis County; or
2-19 (2) for more than 14 calendar days in a calendar year
2-20 [for more than four cases].
2-21 (c) Subsection (b)(2) applies only to an initial assignment
2-22 to a case and does not affect a judge's or justice's continuing to
2-23 sit in a particular case.
2-24 SECTION 3. Sections 74.061(b) and (g), Government Code, are
2-25 amended to read as follows:
2-26 (b) A district, statutory probate, constitutional county, or
2-27 statutory county court judge [While] serving in a county outside
3-1 the judge's [his] judicial district or county[, a judge] is
3-2 entitled to receive, in addition to [his] necessary expenses,
3-3 additional compensation from the county to which the judge [he] is
3-4 assigned in an amount not to exceed the difference between the
3-5 compensation of the assigned judge from all sources, exclusive of
3-6 the per diem provided by Subsection (f), and the compensation
3-7 received from all sources by the judge of the court to which he is
3-8 assigned. The county shall pay the compensation provided by this
3-9 subsection on approval of the presiding judge of the administrative
3-10 region in which the court to which the judge is assigned is
3-11 located.
3-12 (g) An active judge or justice of the supreme court, the
3-13 court of criminal appeals, or a court of appeals [justice]
3-14 assigned under this subchapter is not entitled to receive any
3-15 additional compensation for serving as a visiting judge. A court
3-16 of appeals [If the] justice [is] assigned to a court outside the
3-17 justice's [his] own court of appeals district, a supreme court
3-18 justice, or a court of criminal appeals judge [the justice] is
3-19 entitled to receive actual expenses in going to and returning from
3-20 assignment and actual living expenses while in the performance of
3-21 duties under the assignment. The county in which the duties are
3-22 performed shall pay the expenses out of the county's general fund
3-23 on accounts certified and approved by the presiding judge of the
3-24 administrative region for that county.
3-25 SECTION 4. This Act takes effect September 1, 1997, and
3-26 applies only to the assignment of a judge or justice under Chapter
3-27 74, Government Code, made on or after the effective date of this
4-1 Act. An assignment made before the effective date of this Act is
4-2 governed by the law in effect at the time the assignment is made,
4-3 and that law is continued in effect for that purpose.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.