By: Fraser S.B. No. 999
A BILL TO BE ENTITLED
AN ACT
1-1 relating to objections to the assignment of visiting judges.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 74.053, Government Code, is amended to
1-4 read as follows:
1-5 Sec. 74.053. OBJECTION TO ASSIGNED JUDGE. (a) When a judge
1-6 is assigned under this chapter the presiding judge shall, if it is
1-7 reasonable and practicable and if time permits, give notice of the
1-8 assignment to each attorney representing a party to the case that
1-9 is to be heard in whole or part by the assigned judge.
1-10 (b) If a party to a civil case files a timely objection to
1-11 the assignment, the judge shall not hear any part of the case.
1-12 Except as provided by Subsection (e) [(d)], each party to the case
1-13 is [only] entitled to only one objection under this section for
1-14 that case.
1-15 (c) Objections to judges assigned for trial [An objection
1-16 under this section] must be filed within 15 days after notice of
1-17 assignment has been given [before the first hearing or trial,
1-18 including pretrial hearings, over which the assigned judge is to
1-19 preside].
1-20 (d) Allowing any judge to conduct any hearing does not waive
1-21 the right to object pursuant to this section, except that if a
1-22 hearing before an assigned judge results in an order, no objection
1-23 may be made to such judge's assignment by the presiding judge to
2-1 hear any motion to reconsider, revise, or amend that order.
2-2 (e) A former judge or justice who was not a retired judge
2-3 may not sit in a case if either party objects to the judge or
2-4 justice.
2-5 SECTION 2. This Act applies to assignments of judges as
2-6 visiting judges under Chapter 74, Government Code, made on or after
2-7 the effective date of this Act.
2-8 SECTION 3. This Act takes effect September 1, 1997.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.