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 Section 74.053, Government Code, is repealed.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.