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.