1-1 By: Wentworth S.B. No. 607
1-2 (In the Senate - Filed February 14, 1997; February 19, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 4, 1997, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 4, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the assignment of certain appellate judges and justices
1-9 as visiting judges.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 74.054, Government Code,
1-12 is amended to read as follows:
1-13 (a) Except as provided by Subsections (b) and (c), the
1-14 following judges may be assigned as provided by this chapter by the
1-15 presiding judge of the administrative region in which the assigned
1-16 judge resides:
1-17 (1) a regular district, constitutional county, or
1-18 statutory county court judge in this state;
1-19 (2) a district or appellate judge who is a retiree
1-20 under Subtitle D or E of Title 8, who has consented to be subject
1-21 to assignment, and who is on the list maintained by the presiding
1-22 judge under this chapter;
1-23 (3) a former district or appellate judge, retired or
1-24 former statutory probate court judge, or retired or former
1-25 statutory county court judge who certifies to the presiding judge a
1-26 willingness to serve and who is on the list maintained by the
1-27 presiding judge as required by this chapter;
1-28 (4) a retiree or a former judge whose last judicial
1-29 office before retirement was justice or judge of the supreme court,
1-30 the court of criminal appeals, or a court of appeals and who has
1-31 been assigned by the chief justice to the administrative judicial
1-32 region in which the retiree or former judge resides for
1-33 reassignment by the presiding judge of that region to a district or
1-34 statutory county court in the region; and
1-35 (5) an active judge or [court of appeals] justice of
1-36 the supreme court, the court of criminal appeals, or a court of
1-37 appeals who has had trial court experience.
1-38 SECTION 2. Subsection (b), Section 74.060, Government Code,
1-39 is amended to read as follows:
1-40 (b) An active judge or [court of appeals] justice of the
1-41 supreme court, the court of criminal appeals, or a court of appeals
1-42 may not be assigned if the judge or justice has served 14 or more
1-43 days as a visiting judge under this chapter in the year in which
1-44 the assignment is to be made. This subsection applies only to an
1-45 initial assignment to a case and does not affect a judge's or
1-46 justice's continuing to sit in a particular case [in one year as a
1-47 visiting judge for more than four cases].
1-48 SECTION 3. Subsection (g), Section 74.061, Government Code,
1-49 is amended to read as follows:
1-50 (g) An active judge or [court of appeals] justice of the
1-51 supreme court, the court of criminal appeals, or a court of appeals
1-52 assigned under this subchapter is not entitled to receive any
1-53 additional compensation for serving as a visiting judge. A court
1-54 of appeals [If the] justice [is] assigned to a court outside his
1-55 own court of appeals district, a justice of the supreme court, or a
1-56 judge of the court of criminal appeals [the justice] is entitled to
1-57 receive actual expenses in going to and returning from assignment
1-58 and actual living expenses while in the performance of duties under
1-59 the assignment. The county in which the duties are performed shall
1-60 pay the expenses out of the county's general fund on accounts
1-61 certified and approved by the presiding judge of the administrative
1-62 region for that county.
1-63 SECTION 4. The importance of this legislation and the
1-64 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force from and after its
2-5 passage, and it is so enacted.
2-6 * * * * *