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 JUDGE OR JUSTICE ASSIGNED TO AN
1-12 APPELLATE COURT. (a) When a judge or justice is assigned to an
1-13 appellate court under this chapter or Chapter 74, the person who
1-14 assigns the judge or justice shall, if it is reasonable and
1-15 practicable and if time permits, give notice of the assignment to
1-16 each attorney representing a party to the case that is to be heard
1-17 in whole or part by the assigned judge or justice.
1-18 (b) A judge or justice assigned to an appellate court may
1-19 not hear a civil case if a party to the case files a timely
1-20 objection to the assignment of the judge or justice. Except as
1-21 provided by Subsection (d):
1-22 (1) each party to the case is entitled to only one
1-23 objection under this section for that case in the appellate court;
2-1 and
2-2 (2) a party to an appeal may not in the same case
2-3 object in an appellate court to the assignment of a judge or
2-4 justice under Section 74.053(b) and under this subsection.
2-5 (c) An objection under this section must be filed before the
2-6 first hearing in which the assigned judge or justice is assigned to
2-7 sit.
2-8 (d) A former judge or justice who was not a retired judge or
2-9 justice may not sit in an appellate case if either party objects to
2-10 the judge or justice.
2-11 SECTION 3. This Act takes effect September 1, 1997, and
2-12 applies only to an objection to a judge or justice assigned on or
2-13 after that date. An objection to a judge or justice assigned
2-14 before the effective date of this Act is governed by the law in
2-15 effect at the time the assignment was made, and that law is
2-16 continued in effect for that purpose.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 1563
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1563 passed the Senate on
May 8, 1997, by the following vote: Yeas 30, Nays 0; May 30, 1997,
Senate refused to concur in House amendment and requested
appointment of Conference Committee; May 30, 1997, House granted
request of the Senate; June 1, 1997, Senate adopted Conference
Committee Report by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1563 passed the House, with
amendment, on May 28, 1997, by a non-record vote; May 30, 1997,
House granted request of the Senate for appointment of Conference
Committee; June 1, 1997, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor