1-1 By: Fraser S.B. No. 999
1-2 (In the Senate - Filed March 6, 1997; March 11, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 16, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 16, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 999 By: Luna
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to objections to the assignment of visiting judges.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 74.053, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 74.053. OBJECTION TO ASSIGNED JUDGE. (a) When a judge
1-15 is assigned under this chapter the presiding judge shall, if it is
1-16 reasonable and practicable and if time permits, give notice of the
1-17 assignment to each attorney representing a party to the case that
1-18 is to be heard in whole or part by the assigned judge.
1-19 (b) If a party to a civil case files a timely objection to
1-20 the assignment, the judge shall not hear any part of the case.
1-21 Except as provided by Subsection (e) [(d)], each party to the case
1-22 is [only] entitled to only one objection under this section for
1-23 that case.
1-24 (c) Objections to judges assigned for trial [An objection
1-25 under this section] must be filed within 15 days after notice of
1-26 assignment has been given [before the first hearing or trial,
1-27 including pretrial hearings, over which the assigned judge is to
1-28 preside].
1-29 (d) Allowing any judge to conduct any hearing does not waive
1-30 the right to object pursuant to this section, except that if a
1-31 hearing before an assigned judge results in an order, no objection
1-32 may be made to such judge's assignment by the presiding judge to
1-33 hear any motion to reconsider, revise, or amend that order.
1-34 (e) A former judge or justice who was not a retired judge
1-35 may not sit in a case if either party objects to the judge or
1-36 justice.
1-37 SECTION 2. This Act applies to assignments of judges as
1-38 visiting judges under Chapter 74, Government Code, made on or after
1-39 the effective date of this Act.
1-40 SECTION 3. This Act takes effect September 1, 1997.
1-41 SECTION 4. The importance of this legislation and the
1-42 crowded condition of the calendars in both houses create an
1-43 emergency and an imperative public necessity that the
1-44 constitutional rule requiring bills to be read on three several
1-45 days in each house be suspended, and this rule is hereby suspended.
1-46 * * * * *