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.

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