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.