1-1     By:  Wentworth                                        S.B. No. 1563

 1-2           (In the Senate - Filed March 14, 1997; March 20, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     April 30, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 5, Nays 0; April 30, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                            By:  Wentworth

 1-7     Amend S.B. No. 1563 in SECTION 1, adding Subchapter I to Chapter

 1-8     75, Government Code, (Introduced Version, page 1, lines 24 and 25),

 1-9     by striking "any statute, rule, or other authority" and

1-10     substituting "Chapter 74 or Chapter 75, Government Code".

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to the objection to certain assigned judges.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Subsection (w), Section 25.0022, Government Code,

1-16     is amended to read as follows:

1-17           (w)  Chapter 74 and Subchapter I, Chapter 75, do [does] not

1-18     apply to the assignment under this section of statutory probate

1-19     court judges.

1-20           SECTION 2.  Chapter 75, Government Code, is amended by adding

1-21     Subchapter I to read as follows:

1-22                      SUBCHAPTER I.  GENERAL PROVISIONS

1-23           Sec. 75.551.  OBJECTION TO ASSIGNED JUDGE OR JUSTICE.

1-24     (a)  When a judge or justice is assigned to any court under any

1-25     statute, rule, or other authority, the person who assigns the judge

1-26     or justice shall, if it is reasonable and practicable and if time

1-27     permits, give notice of the assignment to each attorney

1-28     representing a party to the case that is to be heard in whole or

1-29     part by the assigned judge or justice.

1-30           (b)  A judge or justice may not hear any part of a civil case

1-31     if a party to the case files a timely objection to the assignment

1-32     of the judge or justice.  Except as provided by Subsection (d),

1-33     each party to the case is entitled to only one objection under this

1-34     section for that case, from pretrial through all levels of appeal.

1-35           (c)  An objection under this section must be filed before the

1-36     first hearing, including  a pretrial hearing or oral argument in a

1-37     case on appeal, that the assigned judge or justice hears in the

1-38     case.

1-39           (d)  A former judge or justice who was not a retired judge or

1-40     justice may not sit in a trial or appellate case if either party

1-41     objects to the judge or justice.

1-42           SECTION 3.  Section 74.053, Government Code, is repealed.

1-43           SECTION 4.  This Act takes effect September 1, 1997, and

1-44     applies only to an objection to a judge or justice assigned on or

1-45     after that date.  An objection to a judge or justice assigned

1-46     before the effective date of this Act is governed by the law in

1-47     effect at the time the assignment was made, and that law is

1-48     continued in effect for that purpose.

1-49           SECTION 5.  The importance of this legislation and the

1-50     crowded condition of the calendars in both houses create an

1-51     emergency and an imperative public necessity that the

1-52     constitutional rule requiring bills to be read on three several

1-53     days in each house be suspended, and this rule is hereby suspended.

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