By: Wentworth S.B. No. 607
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the assignment of certain appellate judges and justices
1-2 as visiting judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 74.054, Government Code,
1-5 is amended to read as follows:
1-6 (a) Except as provided by Subsections (b) and (c), the
1-7 following judges may be assigned as provided by this chapter by the
1-8 presiding judge of the administrative region in which the assigned
1-9 judge resides:
1-10 (1) a regular district, constitutional county, or
1-11 statutory county court judge in this state;
1-12 (2) a district or appellate judge who is a retiree
1-13 under Subtitle D or E of Title 8, who has consented to be subject
1-14 to assignment, and who is on the list maintained by the presiding
1-15 judge under this chapter;
1-16 (3) a former district or appellate judge, retired or
1-17 former statutory probate court judge, or retired or former
1-18 statutory county court judge who certifies to the presiding judge a
1-19 willingness to serve and who is on the list maintained by the
1-20 presiding judge as required by this chapter;
1-21 (4) a retiree or a former judge whose last judicial
1-22 office before retirement was justice or judge of the supreme court,
1-23 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 [court of appeals] justice of
2-6 the supreme court, the court of criminal appeals, or a court of
2-7 appeals who has had trial court experience.
2-8 SECTION 2. Subsection (b), Section 74.060, Government Code,
2-9 is amended to read as follows:
2-10 (b) An active judge or [court of appeals] justice of the
2-11 supreme court, the court of criminal appeals, or a court of appeals
2-12 may not be assigned if the judge or justice has served 14 or more
2-13 days as a visiting judge under this chapter in the year in which
2-14 the assignment is to be made. This subsection applies only to an
2-15 initial assignment to a case and does not affect a judge's or
2-16 justice's continuing to sit in a particular case [in one year as a
2-17 visiting judge for more than four cases].
2-18 SECTION 3. Subsection (g), Section 74.061, Government Code,
2-19 is amended to read as follows:
2-20 (g) An active judge or [court of appeals] justice of the
2-21 supreme court, the court of criminal appeals, or a court of appeals
2-22 assigned under this subchapter is not entitled to receive any
2-23 additional compensation for serving as a visiting judge. A court
2-24 of appeals [If the] justice [is] assigned to a court outside his
2-25 own court of appeals district, a justice of the supreme court, or a
3-1 judge of the court of criminal appeals [the justice] is entitled to
3-2 receive actual expenses in going to and returning from assignment
3-3 and actual living expenses while in the performance of duties under
3-4 the assignment. The county in which the duties are performed shall
3-5 pay the expenses out of the county's general fund on accounts
3-6 certified and approved by the presiding judge of the administrative
3-7 region for that county.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.