By:  Fraser                                   S.B. No. 999

         97S0693/1                           

                                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 (f)[(d)], each party to the case

1-13     is only entitled to one objection under this section for that case.

1-14           (c)  Objections to judges assigned for trial [An objection

1-15     under this section] must be filed 30 days before the [first hearing

1-16     or] trial [, including pretrial hearings,] over which the assigned

1-17     judge is to preside.

1-18           (d)  Objections to judges assigned for hearing any part of a

1-19     case other than trial must be filed before such hearing.

1-20           (e)  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 being assigned by the presiding judge to

 2-1     hear any motion to reconsider, revise, or amend that order.

 2-2           (f)  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.