By Wentworth                                     S.B. No. 607

      75R4394 MLS-D                           

                                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 [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.  Section 74.060(b), Government Code, is amended to

 2-9     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.  Section 74.061(g), Government Code, is amended to

2-19     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

2-26     judge of the court of criminal appeals [the justice] is entitled to

2-27     receive actual expenses in going to and returning from assignment

 3-1     and actual living expenses while in the performance of duties under

 3-2     the assignment.  The county in which the duties are performed shall

 3-3     pay the expenses out of the county's general fund on accounts

 3-4     certified and approved by the presiding judge of the administrative

 3-5     region for that county.

 3-6           SECTION 4.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended,

3-11     and that this Act take effect and be in force from and after its

3-12     passage, and it is so enacted.