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