By Wentworth                                    S.B. No. 1563

      75R3338 MWV-D                           

                                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.  Section 25.0022(w), Government Code, is amended

 1-5     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 ASSIGNED JUDGE OR JUSTICE.  (a)

1-13     When a judge or justice is assigned to any court under any statute,

1-14     rule, or other authority, the person who assigns the judge or

1-15     justice shall, if it is reasonable and practicable and if time

1-16     permits, give notice of the assignment to each attorney

1-17     representing a party to the case that is to be heard in whole or

1-18     part by the assigned judge or justice.

1-19           (b)  A judge or justice may not hear any part of a civil case

1-20     if a party to the case files a timely objection to the assignment

1-21     of the judge or justice.  Except as provided by Subsection (d),

1-22     each party to the case is entitled to only one objection under this

1-23     section for that case, from pretrial through all levels of appeal.

1-24           (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  Section 74.053, Government Code, is repealed.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.