By: Wentworth S.B. No. 1563
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the objection to certain assigned judges.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (w), Section 25.0022, Government Code,
1-4 is amended to read as follows:
1-5 (w) Chapter 74 and Subchapter I, Chapter 75, do [does] not
1-6 apply to the assignment under this section of statutory probate
1-7 court judges.
1-8 SECTION 2. Chapter 75, Government Code, is amended by adding
1-9 Subchapter I to read as follows:
1-10 SUBCHAPTER I. GENERAL PROVISIONS
1-11 Sec. 75.551. OBJECTION TO ASSIGNED JUDGE OR JUSTICE.
1-12 (a) When a judge or justice is assigned to any court under this
1-13 chapter or Chapter 74, the person who assigns the judge or justice
1-14 shall, if it is reasonable and practicable and if time permits,
1-15 give notice of the assignment to each attorney representing a party
1-16 to the case that is to be heard in whole or part by the assigned
1-17 judge or justice.
1-18 (b) A judge or justice may not hear any part of a civil case
1-19 if a party to the case files a timely objection to the assignment
1-20 of the judge or justice. Except as provided by Subsection (d),
1-21 each party to the case is entitled to only one objection under this
1-22 section for that case, from pretrial through all levels of appeal.
1-23 (c) An objection under this section must be filed before the
2-1 first hearing, including a pretrial hearing or oral argument in a
2-2 case on appeal, that the assigned judge or justice hears in the
2-3 case.
2-4 (d) A former judge or justice who was not a retired judge or
2-5 justice may not sit in a trial or appellate case if either party
2-6 objects to the judge or justice.
2-7 SECTION 3. Section 74.053, Government Code, is repealed.
2-8 SECTION 4. This Act takes effect September 1, 1997, and
2-9 applies only to an objection to a judge or justice assigned on or
2-10 after that date. An objection to a judge or justice assigned
2-11 before the effective date of this Act is governed by the law in
2-12 effect at the time the assignment was made, and that law is
2-13 continued in effect for that purpose.
2-14 SECTION 5. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.