1-1     By:  Hochberg, Crabb, et al. (Senate Sponsor - Ellis) H.B. No. 1492

 1-2           (In the Senate - Received from the House March 26, 1997;

 1-3     April 2, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; April 15, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; April 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the powers of a judge.


1-10           SECTION 1.  Section 21.001, Government Code, is amended by

1-11     adding Subsection (c) to read as follows:

1-12           (c)  During a court proceeding a  judge may not request that

1-13     a person remove an item of religious apparel unless:

1-14                 (1)  a party in the proceeding objects to the wearing

1-15     of the apparel; and

1-16                 (2)  the judge concludes that the wearing of the

1-17     apparel will interfere with:

1-18                       (A)  the objecting party's right to a fair

1-19     hearing; or

1-20                       (B)  the proper administration of justice; and

1-21                 (3)  no reasonable alternative exists under which the

1-22     judge may:

1-23                       (A)  assure a fair hearing; and

1-24                       (B)  protect the fair administration of justice.

1-25           SECTION 2.  The importance of this legislation and the

1-26     crowded condition of the calendars in both houses create an

1-27     emergency and an imperative public necessity that the

1-28     constitutional rule requiring bills to be read on three several

1-29     days in each house be suspended, and this rule is hereby suspended,

1-30     and that this Act take effect and be in force from and after its

1-31     passage, and it is so enacted.

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