By Wentworth                                          S.B. No. 1563

         Substitute the following for S.B. No. 1563:

         By Hartnett                                       C.S.S.B. No. 1563

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the objection to certain assigned judges.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (w), Section 25.0022, Government Code,

 1-5     is amended to read as follows:

 1-6           (w)  Chapter 74 and Subchapter I, Chapter 75, do [does] not

 1-7     apply to the assignment under this section of statutory probate

 1-8     court judges.

 1-9           SECTION 2.  Chapter 75, Government Code, is amended by adding

1-10     Subchapter I to read as follows:

1-11                      SUBCHAPTER I.  GENERAL PROVISIONS

1-12           Sec. 75.551.  OBJECTION TO JUDGE OR JUSTICE ASSIGNED TO AN

1-13     APPELLATE COURT.  (a)  When a judge or justice is assigned to an

1-14     appellate court under this chapter or Chapter 74, the person who

1-15     assigns the judge or justice shall, if it is reasonable and

1-16     practicable and if time permits, give notice of the assignment to

1-17     each attorney representing a party to the case that is to be heard

1-18     in whole or part by the assigned judge or justice.

1-19           (b)  A judge or justice assigned to an appellate court may

1-20     not hear a civil case if a party to the case files a timely

1-21     objection to the assignment of the judge or justice.  Except as

1-22     provided by Subsection (d), each party to the case is entitled to

1-23     only one objection under this section for that case through all

1-24     levels of appeal.

 2-1           (c)  An objection under this section must be filed before the

 2-2     first hearing in which the assigned judge or justice is assigned to

 2-3     sit.

 2-4           (d)  A former judge or justice who was not a retired judge or

 2-5     justice may not sit in an appellate case if either party objects to

 2-6     the judge or justice.

 2-7           (e)  A party may not object under this section and in the

 2-8     same case object under Section 74.053.

 2-9           SECTION 3.  This Act takes effect September 1, 1997, and

2-10     applies only to an objection to a judge or justice assigned on or

2-11     after that date.  An objection to a judge or justice assigned

2-12     before the effective date of this Act is governed by the law in

2-13     effect at the time the assignment was made, and that law is

2-14     continued in effect for that purpose.

2-15           SECTION 4.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.