By Hochberg                                     H.B. No. 1492

      75R6165 MWV-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers of a judge.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 21.001, Government Code, is amended by

 1-5     adding Subsection (c) to read as follows:

 1-6           (c)  During a court proceeding a  judge may not request that

 1-7     a person remove an item of religious apparel unless:

 1-8                 (1)  a party in the proceeding objects to the wearing

 1-9     of the apparel;

1-10                 (2)  the judge concludes that the wearing of the

1-11     apparel will interfere with:

1-12                       (A)  the objecting party's right to a fair

1-13     hearing; or

1-14                       (B)  the proper administration of justice; and

1-15                 (3)  no reasonable alternative exists under which the

1-16     judge may:

1-17                       (A)  assure a fair hearing; and

1-18                       (B)  protect the fair administration of justice.

1-19           SECTION 2.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended,

1-24     and that this Act take effect and be in force from and after its

 2-1     passage, and it is so enacted.